DISCLAIMER: ELCR has provided this information for educational purposes only; it is not intended to be legal advice and should not be relied on as such. Please consult an attorney in your state for specific interpretation and guidance on matters relevant to equine activity and recreational use statutes.
STATE Rec Use Statute
(begins at)		 Rec Use Provisions
(Click here for STANDARD provisions if noted below)		 Will a fee destroy protection? Effects of government involvement, government lessor/owner of land
('subdivision' means political units smaller than states- like counties or cities)		 Equine Liability Limitation Statute Exception for Dangerous Latent Condition? Wilful or Wanton Misconduct Exception?
(no protection for wilful or wanton misconduct)		 Specific language required for signs, waivers, and/or contracts? Notes
Most states exclude coverage for intentional acts, product liability and workman's comp claims
NOTE: each state numbers its statutes differently.  In general, follow the progression of numbers through the index.  For example, Alabama is 35-15-1.  This means Title 35, Chapter 15, section 1. **the signs referred to here are specifically warning of a dangerous condition, these are NOT the general signage requirements regarding inherent risks *see written materials for explanation.  Seek the advice of a local attorney for more information    
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Alabama 35-15-1
Standard + non applicable to any commercial enterprise ; must be open to the general public
(see notes)		 Y Federal and state gov't and subdivisions included in definition of 'owner' 6-5-337 Known or should have known, no warning signs  Yes Yes
6-5-337(d)		 Recreational use liability limitation only applies to land open to the general public for non-commercial purposes, which may include reasonable time, place and manner of use restrictions.  See §35-15-28 for notice requirements- owners must post notice signs or notice in newspapers that the land is open to the public for recreational use  
Alaska 09.65.202 & 09.65.290 Standard, but only if use is permitted under a recorded grant of public use easement (AS 34.17.100)
(d) permits liability waiver between parties		 Y State, federal and municipal governments are included in the definition of 'provider'; protection covers owner of a conservation easement less than 50 feet wide if granted to the state or municipality  09.65.145; § 09.65.290 None No  (gross negligence, recklessness, intentional misconduct) No  
Arizona 33-1551 Covered except wilful/malicious or grossly neglig. conduct Y
(see notes) 		 Purchase of state-issued licenses (hunting, fishing, etc.) is not a 'fee'  12-553 Known or should have known, no warning signs  Yes Waiver required, certain elements required Nominal fee charged by public or non-profit entity to offset cost of providing educational or recreational services is not a 'fee'
Arkansas 18-11-301 (searchable database down-temp pdf link) Standard + specifies that negligence is covered, only malicious acts excluded Y
(see notes) 		 Protection applies to land leased to state or subdivision, or under conservation easement, lease payments from the government are not 'charges' 16-120-201 Known or should have known, no warning signs  Yes Yes
16-120-201(b)		 Sharing game, fish or other products of recreational use & payments to offset costs/losses of owner are not 'fees'
California Cal.Civ.Code § 846 Standard + does not apply if user is expressly invited rather than permitted Y Lease payments by state do not destroy protection  None None Yes No  
Colorado 33-41-101
Revised Statutes		 Standard + atty fees for winning party  Y Lease or other payments by the gov't are not 'charges'; *see notes 13-21-119 Known, no warning signs Yes Yes
13-21-119(b)		 Significant exeptions and specialized definitions apply to land leased to the government.  Read the statute carefully for your situation and seek the advice of a local attorney
Connecticut 52-557f-k
Chapter 925		 Standard Y Protection applies to land leased to state or subdivision, lease payments from state are not 'charges'  52-557p None No No  
Delaware 7 -5901
Title 7, Chapter 59		 Standard Y Protection applies to land leased to state or subdivision, lease payments from state are not 'charges'  10 Del.C.  8140
Chapter 81		 Known or should have known, no warning signs  Yes Yes
10 Del.C. 8140(d)		  
Florida 375.251 Standard + ELL does not reduce protection of rec use per 773.05 Y Protection applies to land leased to state, fees may be permissible on state-leased land, consult an attorney 773.01 Known, no warning signs Yes Yes, and waivers required Fee restriction in rec use statute is not included in the subsection on land leased to state, but refers to "this section" so staute is unclear
Georgia  51-3-20  Standard Y Protection applies to land leased to state or subdivision, lease payments from state are not 'charges'  4/12/2001 Known or should have known, no warning signs  Yes Yes
4-12-4		  
Hawaii 520-1 Standard + does not apply if user is expressly invited rather than permitted Y Lease payments by state or subdivision are not 'charges' 663B-1 Known or should have known, no warning signs  Yes No  
Idaho 36-1604 Standard Y Protection applies to land leased to state or subdivision, or under conservation easement  6-1801 Known or should have known, no warning signs  Yes No  
Illinois 745 I.L.C.S. 65/1 Standard Y
(see notes) 		 Protections apply to land leased to state or subdivision, lease payments from state are not 'charges' 745 I.L.C.S. 47/1 Known or should have known, no warning signs  Yes Yes
47/25		 Sharing game, fish or other products of recreational user & payments or services made for conserving the land are not 'charges' 
Indiana 14-22-10-2 Standard + does not apply if user is expressly invited rather than permitted Y State and subdivisions are included in definition of 'owner'; payment by or on behalf of user by state or state agency for use  does not destroy protection  34-31-5-1 Known or should have known, no warning signs  Yes Yes  
Iowa 461C.1
Title XI Sub. 2		 Standard Y Protection applies to land leased to state or subdivision, lease payments from state are not 'charges'  673.1 - 673.5
Title XV Sub 5		 Known or should have known, no warning signs  Yes Yes
673.3		 Does not cover any act comitted under the influence of alcohol, but does not specify who must be under the influence
Kansas 58-3201
Article 32		 Standard Y Protection applies to land leased to state or subdivision; lease payments from state for nonagricultural land are not 'charges' 60-4001
Article 40		 Known, no warning signs Yes Yes
60-4004		  
Kentucky 411.190
Title XXXVI		 Standard Y
(see notes)		 Protections apply to land leased to state or subdivision, lease payments from state are not 'charges' 247.401
Title XXI		 Known or should have known, no warning signs  Yes Yes
247.4027		 Fees for general use permits valid for 30 days or more for access to public lands are not 'charges'
Louisiana  9:2791 Standard (see notes) None 55:35.1 Known or should have known, no warning signs  Yes Yes
9:2795.1(E) & (F)		 Code excludes commercial for-profit use, case law may have eliminated that - seek the advice of a local attorney 
Maine 14-159-A Standard + atty fees for winning owner, lessee, manager, holder of an easement or occupant.  N, but see notes Payments by the state to the landowner do not destroy protection 7-4101 Known or should have known, no warning signs  Yes Yes
4103-A(3)		 *Commercial recreational land and exclusive use fees WILL destroy protection
*Plaintiff must have actual knowledge of inherent risks, claim sufficient knowledge or experience to be on notice, or be notified of risks and liability limitation(may be satisfied by sign or waiver)
Maryland Md Code § 5-1101
Natural Resources Title 5		 Standard Y Protections apply to land leased to state or subdivision or under easement, lease payments from state are not 'charges' None None Yes No, but state issues permission cards that shift all liability to entrant  
Massachusetts 21 -17C & 17D No liability for personal injury or property damage, including minors; except wilful, wanton, or reckless conduct Y
but voluntary contributions are permitted		 Protection applies to land leased to state, implies that lease payments are not 'charges' or 'fees' but not clearly stated, consult an attorney
voluntary contributions are not 'charges' or 'fees'		 128- 2D Known, no warning signs Yes Yes
128 M.G.L.A. 2D(d)		  
Michigan  324.73301
Act 451 of 1994		 no liability for injuries except gross negligence or wilful & wanton misconduct  Y None 691.1661
Act 351 of 1994		 Known, no warning signs No Yes  
Minnesota 604A.20 Standard Y Protections apply to land leased to state or subdivision, lease payments from state are not 'charges' 604A.12 Human-made condition without reasonable care to protect Yes Yes
Subd. 4		  
Mississippi Miss. Code 89-2-1 Standard, but land must be open the public as advertised annually in a newspaper in the county where the land is Y - includes concessions or sales of other products to users Consideration paid by any government unit or agency does not destroy protections  95-11-1 Known or should have known, no warning signs  Yes Yes
95-11-7		 Statute contains some provisions that are limited to specific activities rather than to 'outdoor recreational activitites' generally.  Seek the advice of a local attorney regarding your duty of care.
Missouri 537.345
Title XXXVI		 Standard, but does not apply to land within the corporate boundaries of any city, municipality, town or village, or to residential property (less than one acre predominately used for housing, or surface-commercial uses (including mining or manufacturing) other than agricultural land Y Government agencies are included in the definition of 'owner'; protection extends to land made available through a state-administered recreational access program  537.325
Title XXXVI		 Known, no warning signs Yes Yes
537.325(6)		  
Montana  70-16-302 No duty of care, no liability except for wilful & wanton misconduct Y Protection applies to land leased by public entity; recreational use license fees paid to the state do not destroy protections 27-1-725 Known or should have known, no warning signs  Yes No  
Nebraska 37-729 Standard Y Protections apply to land leased by the state, implies that lease payments will not destroy protections 25-21,249 Known or should have known, no warning signs  Yes Yes  
Nevada  41-510 Standard Y Lease payments by the state and game tag fees do not destroy protection None Known, no warning signs Yes No  
New Hampshire  XVIII - 212:34 Standard Y Lease payments by the state do not destroy protection LII - 508:19 Known, no warning signs Yes  No  
New Jersey  13:1B-15.135 only applies to participants in a specific state program n/a Protections only apply within the state's Open Lands Management Program, with significant technical requirements. Consult a local attorney 5:15-1  Known, no warning signs No Yes
5:15-10		 Contains detailed requirements re: notice and suit
New Mexico NMSA 17-4-7 Standard Y Payments by the state do not destroy protection  42-13-2 Known No Yes
42-13-5		  
New York  General Obligations 9-103 Standard Y Payments by the state do not destroy protection None None Yes  No  
North Carolina  113A-95 trail owners owe same duty to users as to trespassers  Y None 99E-1 None Yes Yes
99E-3		  
North Dakota  N.D. Cent. Code 53-08-01 Standard Yes- if charges exceed twice property tax (4 times for agricultural land) Protections apply to land leased to state or subdivision, payments by the  state do not destroy protection N.D. Cent. Code 53-10-01 Known or should have known, no warning signs  Yes No  
Ohio  XV-1533.18 Standard + does not exempt wilful or malicious faillure to guard or warn Y Protection only applies to privately owned land, or state-owned if leased by a private person or organization, lease payments do not destroy protections  XXIII - 2305.321 Known or should have known, no warning signs  Yes Yes
2305.321(C)		  
Oklahoma  76-10.1 Standard, but does not apply to farm or ranch land or land attached to farm/ranch land; does not cover maintenance or operation of structures built for public use; DOES NOT COVER DEATH Y License fees charged by the state do not destroy protection, protection covers land leased to state, unclear whether lease payments would be 'charges' 76- 50.1 Known to sponsor, not made known to user Yes No  
Oregon  105.672 No contract or tort liability for injury, death or damage, no duty of care; no coverage for intentional acts Y Any fees paid by a public body in return for permitting the public onto land is not a 'charge'; applies to public and private lands 30.687 Know or should have known, no warning signs Yes Only if sponsor provides the horse
30.693		  
Pennsylvania  68 P.S. 11-477 Standard Y Lease payments by the state are not 'charges' 4-13-601 None No Yes *PA uses an 'assumption of risk' doctrine in an unusual way.  Seek the advice of a local attorney for more information 
Rhode Island 32-6-1 Standard Y Protections apply to land leased to state or subdivision, lease payments from state are not 'charges'  4-21-1 Known or should have known, no warning signs  Yes Yes  
South Carolina  27-3-10 Standard Y Protections apply to land leased to state or subdivision, lease payments from state are not 'charges' 47-9-710 Known or should have known, no warning signs (see signage requirement for specific language) Yes Yes
47-9-730		  
South Dakota  20-9-11 Standard + no coverage where owner has violated county, municipal or state law & violation causes injury Y
but a non-monetary gift of less than $100 value is not a 'charge'		 Protections apply to land leased to state or subdivision, lease payments (and incentive payments to encourage public access) from the state are not 'charges' 42-11-1 Known, no warning signs Yes Yes  
Tennessee  11-10-101 Standard, but only applies to land subject to conservation or public use easement, or leased to a state agency Y
 Protections apply to land leased to state or under conservation or public use easement; payments from any state or municipality (or agency of either) are not 'charges' 44-20-101 Known, no warning signs (see signage requirement for specific language)  Yes Yes  
Texas  Tit. 4 Ch. 75 s. 75.001 Standard, but specific liability insurance amounts are required, if not, landowner cannot limit liability under this statute (see notes & Sec. 75.004) Y, if charges exceed 20 times property tax of prior year State owned, operated, or maintained land has the same protection, but requires specific signage (Sec. 75.002(g)) Tit. 4 - 87.001 Known, no warning signs Yes Yes
87.005		 Rec. use statute does not cover bad faith acts by owners; insurance required = $500,000/ person, $1 mill./ occurrence for injury or death & $100,000/ occurrence for property damage
*charge restriction may not apply to gov't owned or leased lands -consult a local attorney
Utah  57-14-1 Standard Y (see notes) Lease payments by the state or subdivision are not 'charges', state agency fees for use of dam/reservoir land or rail corridors is not a 'charge' 78B-4-201 Known or should have known, no warning signs  Yes Yes Rec. use permits up to $1/yr/person fee, but later specifies that no coverage exists where a user is charged
Vermont 12-203-5791 Permission to enter for rec. use does not extend assurance of safety, owner has no duty to inspect for or discover dangerous latent conditions  Y
compensation for damage is permitted		 Protection does not apply to land owned by the state or a municipality; tax benefits of granting a permanent recreation easement do not destroy protection for private owners  12-1039 None No Yes
1039(b)		 Rec use requires 'open and undeveloped land' but this includes trails
Virginia  29.1-509 Standard Y Lease or rental payments from the government are not 'fees'; protection applies to use of an easement; the state must provide or pay the cost of legal services for any owner of land leased or granted to the state in the event of a lawsuit 3.2-6200 None No  Waivers may be used, if so- must include notice of intrinsic risks  
Washington  4.24.200 no liability for unintentional injuries except artificial dangerous latent conditions w/ no signs Y Provisions apply to public and private landowners; state-issued park use passes and hunting/fishing licenses are not 'fees'  4.24.530 Known or should have known, no warning signs  Yes No  
West Virginia  W.V.Code 19-25-1 Standard Y, but a one-time fee for a single event may be charged if less than $50/person Protections apply to land leased to state or subdivision or under conservation easement; lease payments do not destroy protection 20-4-1 Known or should have known, no warning signs  Yes No Insurance required of horsemen at $100,000/ person, $300,000/ occurrence & $10,000 for property damage
*protection of Equine statute applies to 'horsemen' which has significant duties attached, consult a local attorney 
Wisconsin 895.52 Standard Y, if total exceeds $2000 in the year of the incident; donations are not 'payments' Payment from a gov't body does not destroy protection; gov't liability not limited if admission fee has been charged for spectators  895.481 Known, no warning signs Yes Yes
895.481(4) & (5)		 The $2000/yr limit includes payments of money, goods, and services, but see §895.52(6) for exemptions.  Contributions, payments for use by a non-profit organization or government entity are not considered 'payments'.
Wyoming  34-19-101 Standard Y Protections apply to land leased to the state or under state easement, including federal trail-adjacent lands; lease payments are not 'charges'  1-1-121 None No No   
HINT FOR TABLE NAVIGATION: USING THE LEFT/RIGHT SCROLL AT THE BOTTOM OF YOUR BROWSER WINDOW, SCROLL TO THE RIGHT SIDE OF THE SPREADSHEET TO FIND A TABLE SCROLL (UP/DOWN) TO VIEW ALL OF THE STATES.
CREDITS: Thanks to Cynthia Higgs, Holly Rudolph, and Julie Fershtman for their wonderful assistance on this project.