Rhode Island's
Section 32-6 of the state laws gives property owners "Limitation" from
liability in regard to walkers on the Walk. We are not lawyers but all walkers
should be aware of the following state law.
GENERAL LAWS OF RHODE ISLAND (1998 CUMULATIVE
SUPPLEMENT) TITLE 32. PARKS AND RECREATIONAL AREAS CHAPTER 6. PUBLIC
USE OF PRIVATE LANDS--LIABILITY LIMITATIONS § 32-6-1. Purpose of
chapter The purpose of this chapter is to encourage owners of land to make
land and water areas available to the public for recreational purposes by
limiting their liability to persons entering thereon for those purposes.
§ 32-6-2. Definitions. As used in this chapter: (1) "Charge"
means the admission price or fee asked in return for invitation or permission
to enter or go upon the land; (2) "Land" means land, roads, water,
watercourses, private ways and buildings, structures, and machinery or
equipment when attached to the realty; (3) "Owner" means the private owner
possessor of a fee interest, or tenant, lessee, occupant, or person in control
of the premises including the state and municipalities; (4) "Recreational
purposes" includes, but is not limited to, any of the following, or any
combination thereof: hunting, fishing, swimming, boating, camping, picnicking,
hiking, horseback riding, bicycling, pleasure driving, nature study, water
skiing, water sports, viewing or enjoying historical, archaeological, scenic,
or scientific sites, and all other recreational purposes contemplated by this
chapter; and (5) "User" means any person using land for recreational
purposes. § 32-6-3. Liability of landowner Except as
specifically recognized by or provided in § 32-6-5, an owner of land who
either directly or indirectly invites or permits without charge any person to
use that property for recreational purposes does not thereby: (1) Extend
any assurance that the premises are safe for any purpose; (2) Confer upon
that person the legal status of an invitee or licensee to whom a duty of care
is owed; nor (3) Assume responsibility for or incur liability for any
injury to any person or property caused by an act of omission of that person.
§ 32-6-4. Land leased to state Unless otherwise agreed in
writing, the provisions of § 32-6-3 and this section shall be deemed
applicable to the duties and liability of an owner of land leased to the state
or any subdivision or agency thereof or land which the state or any subdivision
or agency thereof possesses an easement for recreational purposes.
§ 32-6-5. Limitation on chapter (a) Nothing in this chapter limits in
any way any liability which, but for this chapter, otherwise exists: (1)
For the willful or malicious failure to guard or warn against a dangerous
condition, use, structure, or activity after discovering the user's peril; or
(2) For any injury suffered in any case where the owner of land charges
the person or persons who enter or go on the land for the recreational use
thereof, except that in the case of land leased to the state or a subdivision
thereof, any consideration received by the owner for that lease shall not be
deemed a "charge" within the meaning of this section. (b) When the coastal
resources management council designates a right-of-way as part of its
designation process as specified in § 46-23-6(E), or when the coastal
resources management council stipulates public access as a condition of
granting a permit, the landowner automatically will have "limited liability" as
defined in this chapter, except as specifically recognized by or provided in
this section.
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