Update Colorado Recreational Use Statute
The impact of this bill is significant as it alters the landscape of landowner responsibilities under the CRUS. Traditionally, landowners faced liability for injuries occurring on their property, which often discouraged them from allowing public access. By enabling landowners to limit their financial exposure, the bill aims to promote more private property access for recreational purposes, thus enhancing public enjoyment of Colorado's natural resources. Additionally, the bill clarifies that landowners do not have a duty to maintain the safety of recreational areas, encouraging them to offer their properties for public enjoyment without fear of legal repercussions.
Senate Bill 23-103 seeks to amend the Colorado Recreational Use Statute (CRUS) to redefine the liabilities of private landowners when individuals access their land for recreational purposes. The bill aims to encourage landowners to open their private lands to the public for recreational activities by limiting their liability in cases of injury. One of the key changes includes removing the limitations on the amount of damages that can be claimed against landowners who lease land to public entities for recreational use. This provides a broader protection to landowners by stating that they are not liable for claims arising from the public entities' management of the land unless otherwise agreed upon in writing.
Notably, the bill caused contention among stakeholders. Proponents argue that it is essential for increasing public access to outdoor areas and will help preserve Colorado's recreational landscape. However, critics express concern that it could lead to a negligence in safety standards and potentially overlook the rights of individuals who may suffer injuries on private lands designated for recreation. Additionally, the bill limits liability for landowners under various circumstances which some advocates feel could undermine responsibilities related to known dangers on the property.