Printable Format58-3206. Same; nonapplication of act to certain liabilities. Nothing in this act limits in any way any liability which otherwise exists: (a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
(b) For injury suffered in any case where the owner of nonagricultural land charges the person or persons who enter or go on the nonagricultural land for the recreational use thereof, except that in the case of nonagricultural land leased to the state or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.
History: L. 1965, ch. 559, § 6; L. 1988, ch. 198, § 3; July 1.
Attorney General's Opinions:
Protection from liability for recreational use of land; agricultural land versus nonagricultural land. 2003-27.
CASE ANNOTATIONS
1. Term "willful" defined as intentionally causing injury; no waiver of immunity by undertaking to safeguard park users. Klepper v. City of Milford, Kansas, 825 F.2d 1440, 1447 (1987).
2. Whether utility permitted public to use lake area for KRUS (58-3201 et seq.) immunity purposes in wrongful death action examined. Bingaman v. Kansas City Power and Light Co., 1 F.3d 976, 979 (1993).