SLS 20RS-392 ORIGINAL
2020 Regular Session
SENATE BILL NO. 94
BY SENATOR ALLAIN
LIABILITY. Provides for limitation of liability of a landowner of property used for
recreational purposes and award of attorney fees and court costs under certain circumstances.
(8/1/20)
1 AN ACT
2 To amend and reenact R.S. 9:2795(A)(1) and to enact R.S. 9:2795(G), relative to the
3 limitation of liability of a landowner of property used for recreational purposes; to
4 provide for definitions; to provide for the award of reasonable attorney fees and court
5 costs in certain circumstances; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:2795(A)(1) is hereby amended and reenacted and R.S. 9:2795(G)
8 is hereby enacted to read as follows:
9 ยง2795. Limitation of liability of landowner of property used for recreational
10 purposes; property owned by the Department of Wildlife and
11 Fisheries; parks owned by public entities
12 A. As used in this Section:
13 (1) "Land" means urban or rural land, roads, water, water bottoms,
14 watercourses, private ways or buildings, structures, and machinery or equipment
15 when attached to the realty.
16 * * *
17 G. The court may award reasonable attorney fees and court costs to the
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 94
SLS 20RS-392 ORIGINAL
1 owner in any civil action if the court finds that the owner is immune from suit
2 in accordance with Subsection B of this Section.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 94 Original 2020 Regular Session Allain
Present law provides for limitations of liability of landowners of property used for
recreational purposes.
Present law provides that an owner, except in certain circumstances, who permits any person
to use his land for recreational purposes, with or without charge, does not thereby:
(1)Assure that the premises are safe for any purposes.
(2)Grant the person the legal status of an invitee or licensee to whom a duty of care is
owed.
(3)Incur liability for any injury to person or property caused by any defect in the land
regardless of whether naturally occurring or man-made.
Proposed law retains present law.
Proposed law provides for the definition of land to include water bottoms.
Proposed law provides that the court may award reasonable attorney fees and court costs to
the owner in any civil action if the court finds that the owner is immune from suit in
accordance with present law.
Effective August 1, 2020.
(Amends R.S. 9:2795(A)(1); adds R.S. 9:2795(G))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.