A. 1. The purpose of this section is to encourage landowners to make land available to the public for outdoor recreational purposes by limiting their liability to persons entering upon and using such land and to third persons who may be damaged by the acts or omissions of persons going upon these lands.
2. As used in this section:
B. An owner who provides the public with land for outdoor recreational purposes owes no duty of care to keep the land safe for entry or use by others, or to give warning to persons entering or using the land of any hazardous conditions, structures, or activities.
C. 1. Except as otherwise provided by this section, an owner who provides the public with land for outdoor recreational purposes shall not:
2. This subsection applies whether the person entering or using the land is an invitee, licensee, trespasser, or otherwise.
D. This section shall not apply if:
1. Any charge is made or is usually made for entering or using any part of the land; or
2. Any commercial or other activity for profit directly related to the use is conducted on any part of the land.
E. 1. An owner of land leased to the state or to other public entity for outdoor recreational purposes owes no duty of care to keep the land safe for entry or use by others, or to give warning to persons entering or using the land of any hazardous conditions, structures, or activities. Any owner who leases or subleases land to the state or other public entity for outdoor recreational purposes shall not:
2. This subsection applies whether the person entering or using the leased land is an invitee, licensee, trespasser, or otherwise, notwithstanding any other section of law.
F. 1. Except as provided in this section, no person is relieved of liability which would exist for want of ordinary care or for deliberate, willful, or malicious injury to persons or property. The provisions shall not create or increase the liability of any person.
2. This section shall not relieve any owner of any liability for the operation and maintenance of structures affixed to real property by the owner for use by the general public.
G. By entering or using land, no person shall be deemed to be acting as an employee or agent of the owner whether the entry or use is with or without the knowledge or consent of the owner.
H. The provisions of this section shall not apply to any land that is used primarily for farming or ranching activities or to roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty which is used primarily for farming or ranching activities.
The Oklahoma Limitation of Liability for Farming and Ranching Land Act shall govern such land.
Added by Laws 1971, c. 349, § 315, emerg. eff. June 24, 1971. Amended by Laws 2000, c. 141, § 1, eff. Nov. 1, 2000; Laws 2001, c. 113, § 51, emerg. eff. April 18, 2001. Renumbered from § 1301-315 of Title 2 by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001. Amended by Laws 2004, c. 368, § 25, eff. Nov. 1, 2004. Renumbered from § 16-71 of Title 2 by Laws 2004, c. 368, § 68, eff. Nov. 1, 2004. Amended by Laws 2013, c. 225, § 1, eff. Nov. 1, 2013.
Structure Oklahoma Statutes
§76-1. Rights of others must be respected.
§76-1.1. Parent or child not answerable for other's act.
§76-3. Deceits defined and classed.
§76-4. Deceit upon the public deemed deceit of any individual misled.
§76-5. Responsibility for negligence - "Good Samaritan Act".
§76-5.4. Good Samaritan Revolving Fund.
§76-5.5. Limitation of actions.
§76-5.7. Accident or disaster involving hazardous materials - Immunity from civil liability.
§76-5A. Emergency use of automated defibrillator - Immunity from civil liability.
§76-6. General rights of persons.
§76-8. Wrongs against personal relations.
§76-8.1. Alienation of affections or seduction - Civil action - Abolition.
§76-17. Medical malpractice - Reporting of the claim to licensing board.
§76-20. Refusing to furnish records - Penalty.
§76-20.1. Healing arts - Standard of care.
§76-20.2. Chelation or other authorized therapy not prohibited.
§76-21. Presumption of negligence.
§76-23. Public utilities - Definitions - Fraud - Penalties - Civil liability - Exemptions.
§76-25. Professional review body, staff and personnel - Limitation of liability.
§76-26. Persons supplying information to professional review body - Protection from liability.
§76-27. Limitations on liability - Extent.
§76-28. Professional review body - Requirements for protection from liability.
§76-29. Emergency exception from notice and hearing requirement.
§76-31.3. Oklahoma Health Care Access Act - Volunteer Health Care Provider Program.
§76-32. Volunteer Professional Services Immunity Act.
§76-32.1. Liability for physician or health care provider acting in volunteer capacity.
§76-33. Immunity from liability - Application.
§76-38. Short title - Common Sense Consumption Act.
§76-41. Weight gain or obesity civil liability restricted - Exceptions.
§76-50.1. Short title – Legislative intent - Construction.
§76-50.4. Waiver of liability.
§76-50.6. Gun ranges and gun clubs - Liability.
§76-51.1. Legislative findings – Injuries from unlawful firearm use.
§76-52.1. Firearm manufacturer, distributor, or seller liability limitation.
§76-52.2. Association of licensed persons liability limitation.
§76-53.1. Exceptions to liability limitations.
§76-57.1. Product liability for inherently unsafe products - Affirmative defense.
§76-57.2. Rebuttable presumptions – Grounds for rebutting – Liability of product sellers.
§76-58.1. Subsequent measures not admissible - Exceptions.
§76-80. Safety of premises - Liability to trespasser.
§76-80.1. Liability and vicarious liability for damages while trespassing.
§76-81. Short title - Personal Injury Trust Fund Transparency Act.
§76-83. Required disclosures by plaintiff.
§76-84. Discovery - Use of materials.
§76-85. Scheduling trial - Stay of action.
§76-86. Defendant's identification of additional or alternative personal injury trusts.
§76-87. Valuation of personal injury trust claims - Judicial notice.
§76-89. Failure to provide information - Sanctions.
§76-90. Short title - Asbestos and Silica Claims Priorities Act.
§76-93. Pulmonary function testing - Interpretation.
§76-96. Service of report on all defendants - Trial docket - Interpretation.
§76-98. Effect of act in bankruptcy cases.
§76-100. Beginning of limitations period - Separate claims for nonmalignant conditions and cancer.
§76-100.1. Applicability of act.
§76-101. Severe weather shelter - Immunity from suit.
§76-102. Short title - Innocent Successor Asbestos-Related Liability Fairness Act.
§76-105. Limitations on successor asbestos-related liabilities.
§76-106. Establishing fair market value of total gross assets.
§76-111. Limitations on liability for exposure to COVID-19.
§76-112. Short title - COVID-19 Product Protection Act – Limitations on liability.