(Reprinted with amendments adopted on April 18, 2025)
FIRST REPRINT S.B. 303
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SENATE BILL NO. 303–COMMITTEE ON JUDICIARY
MARCH 10, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to civil liability to
persons using certain premises for recreational
activity under certain circumstances. (BDR 3-1021)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to civil liability; revising provisions relating to
civil liability to persons using certain premises for
recreational activity under certain circumstances; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that, with certain exceptions, an owner of any estate or 1
interest in any premises, or a lessee or an occupant of any premises, owes no duty 2
to: (1) keep the premises safe for entry or use by others for participating in any 3
recreational activity; or (2) give warning of any hazardous condition, activity or use 4
of any structure on the premises to persons entering to participate in recreational 5
activity. Existing law also provides that if an owner, lessee or occupant of premises 6
gives permission to another person to participate in recreational activities upon 7
those premises: (1) the owner, lessee or occupant does not assure that the premises 8
are safe for that purpose or assume responsibility for or incur liability for any injury 9
to person or property caused by any act of persons to whom the permission is 10
granted; and (2) the person using the premises does not acquire any property rights 11
in or rights of easement to the premises. (NRS 41.510) 12
This bill: (1) provides that the law regarding this limitation on liability may be 13
known and cited as the Recreational Use of Land Statute; and (2) provides a 14
declaration of legislative intent regarding the purpose of the Recreational Use of 15
Land Statute. This bill also revises the applicability of this limitation on liability by 16
specifically providing that the limitation on liability does not limit the liability 17
which would otherwise exist for: (1) injury caused by any act of an occupant of the 18
premises who receives compensation from the owner or lessee of the premises to 19
maintain, develop or improve the premises or any portion thereof; (2) injury caused 20
by acts or omissions of a private entity or person occupying or leasing premises 21
from the State of Nevada, or any political subdivision thereof; or (3) injury caused 22
by acts or omissions of a private owner, lessee or occupant of a residential common 23
area, urban premises or public infrastructure. This bill also provides that the 24
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limitation on liability does not apply to: (1) residential common areas; (2) public 25
infrastructure; or (3) the State of Nevada, or any political subdivision thereof, for 26
any premises it owns, leases or occupies which are not intended to be used solely 27
for the purposes of recreational activity. 28
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.510 is hereby amended to read as follows: 1
41.510 1. This section may be known and cited as the 2
Recreational Use of Land Statute. The Legislature hereby finds 3
and declares that the purpose of this section is to encourage: 4
(a) Owners of rural or semi-rural land to make their land 5
available for free to members of the public to engage in 6
recreational activity by limiting the liability of the owners of such 7
land to members of the public who enter onto the land to engage 8
in such recreational activity; and 9
(b) The State of Nevada, or any political subdivision thereof, to 10
develop and maintain land throughout the State to be used 11
primarily for recreational activity. 12
2. Except as otherwise provided in subsection [3,] 4, an owner 13
of any estate or interest in any premises, or a lessee or an occupant 14
of any premises, owes no duty to keep the premises safe for entry or 15
use by others for participating in any recreational activity, or to give 16
warning of any hazardous condition, activity or use of any structure 17
on the premises to persons entering for those purposes. 18
[2.] 3. Except as otherwise provided in subsection [3,] 4, if an 19
owner, lessee or occupant of premises gives permission to another 20
person to participate in recreational activities upon those premises: 21
(a) The owner, lessee or occupant does not thereby extend any 22
assurance that the premises are safe for that purpose or assume 23
responsibility for or incur liability for any injury to person or 24
property caused by any act of persons to whom the permission is 25
granted. 26
(b) That person does not thereby acquire any property rights in 27
or rights of easement to the premises. 28
[3.] 4. This section does not: 29
(a) Limit the liability which would otherwise exist for: 30
(1) Willful [or] and malicious or grossly negligent failure by 31
the owner, lessee or occupant to guard, or to warn against, a 32
dangerous condition, use, structure or activity. 33
(2) Injury suffered in any case where permission to 34
participate in recreational activities was granted for a consideration 35
other than the consideration, if any, paid to the landowner by the 36
State or any subdivision thereof. For the purposes of this 37
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subparagraph, the price paid for a game tag sold pursuant to NRS 1
502.145 by an owner, lessee or manager of the premises shall not be 2
deemed consideration given for permission to hunt on the premises. 3
(3) Injury caused by acts of persons to whom permission to 4
participate in recreational activities was granted, to other persons as 5
to whom the person granting permission, or the owner, lessee or 6
occupant of the premises, owed a duty to keep the premises safe or 7
to warn of danger. 8
(4) Injury caused by any act of an occupant of the premises 9
who receives compensation from the owner or lessee of the 10
premises to maintain, develop or improve the premises or any 11
portion thereof. 12
(5) Injury caused by acts or omissions of a private entity or 13
person occupying or leasing premises from the State of Nevada, or 14
any political subdivision thereof. 15
(6) Injury caused by acts or omissions of a private owner, 16
lessee or occupant of a residential common area, urban premises 17
or public infrastructure. 18
(b) Create a duty of care or ground of liability for injury to 19
person or property. 20
(c) Apply to: 21
(1) Residential common areas; 22
(2) Public infrastructure; or 23
(3) The State of Nevada, or any political subdivision 24
thereof, for any premises it owns, leases or occupies which are not 25
intended to be used solely for the purposes of recreational activity. 26
[4.] 5. As used in this section [, “recreational] : 27
(a) “Public infrastructure” means a building or structure 28
owned, leased or occupied by the State of Nevada, or any political 29
subdivision thereof, for the primary purpose of administration or 30
providing administrative services to the public. 31
(b) “Recreational activity” includes, but is not limited to: 32
[(a) ] (1) Hunting, fishing or trapping; 33
[(b)] (2) Camping, hiking or picnicking; 34
[(c)] (3) Sightseeing or viewing or enjoying archaeological, 35
scenic, natural or scientific sites; 36
[(d)] (4) Hang gliding or paragliding; 37
[(e)] (5) Spelunking; 38
[(f)] (6) Collecting rocks; 39
[(g)] (7) Participation in winter sports, including cross-country 40
skiing, snowshoeing or riding a snowmobile, or water sports; 41
[(h)] (8) Riding animals, riding in vehicles or riding a road, 42
mountain or electric bicycle; 43
[(i)] (9) Studying nature; 44
[(j)] (10) Gleaning; 45
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[(k)] (11) Recreational gardening; and 1
[(l)] (12) Crossing over to public land or land dedicated for 2
public use. 3
“Recreational activity” does not include utilitarian activities in 4
which a person engages primarily for the purpose of 5
transportation, such as walking, cycling or using other physical or 6
mechanical means of transportation on public roads, highways, 7
sidewalks, alleys or shared paths for the purpose of daily living or 8
for the purpose of employment or work-related activities, such as 9
the delivery of food or other items. 10
(c) “Residential common areas” means premises which are 11
located within an urban private community, such as a common-12
interest community or another private residential neighborhood, 13
and which are primarily intended for the general use of residents 14
of the urban private community. The term includes, without 15
limitation, sidewalks, paths, crosswalks, walkways, parks, exercise 16
areas, playgrounds and play areas. 17
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