Understanding Liability for Farm and Ranch Owners
Hello, I’m Oklahoma City attorney Dillan Savage of Wirth Law Office, and I practice primarily in the Oklahoma City, Oklahoma area. Today, we are going to be talking about the liability of farm owners and ranch owners that allow the use of their farms and ranch land for recreational purposes open to the public.
Specifically, we are going to be looking at Title II, Section 16-71.2, and Title II, Section 16-71.5. Section 71.2 is entitled Entry Upon Farm or Ranch Lands for Recreational Purposes, the Duty of the Owner.
Protections for Landowners
When you allow your property to be open to the public like this, you would assume that there is a bit of risk involved because individuals could get hurt. However, for the hope of allowing your land to be used for recreational purposes—allowing people to go out there and enjoy the land—you have been afforded certain protections.
I’m going to go ahead and read off these protections through the statute. It is stated:
Except as specifically recognized by or provided in Section 16-71.5 of Oklahoma’s Title II, an owner who provides the public with land for recreational purposes, which is primarily used for farming or ranching activities, owes no duty of care to keep the land safe for entry or use by others for recreational purposes, or to give any warning of a dangerous or hazardous condition, use, structure, or activity on such land to persons entering or using the land for such purpose.
Essentially, if you are a farmer or a rancher and you allow the public to use your land for recreational purposes, you cannot be held liable for whatever harm may befall them.
Liability Limitations Under Oklahoma Law
Now, this is not completely bulletproof. It does, as I just read, mention Section 16-71.5, so we’re going to hop over to that real quick. That is entitled Liability Not Limited by the Act, meaning what you can be held liable for. This is very important to know.
Nothing in the Oklahoma Limitation of Liability for Farming and Ranching Lands Act limits in any way any liability which otherwise exists for want of ordinary care, or for deliberate, willful, or malicious injury, or failure to guard or warn against a dangerous or hazardous condition, use, structure, or activity.
If you’re going to let these individuals go onto your land for recreational purposes, you can’t be willfully or maliciously causing them injury. You have to have some type of ordinary care as a normal, reasonable individual. Don’t just put obstructions out there that you know could potentially cause harm.
If you do have dangerous or hazardous conditions or structures out there, you need to have some type of warning out so individuals know to stay away.
Seek Professional Guidance
Otherwise, it’s going to be very difficult for somebody to find you liable for some type of injury that they likely caused themselves. If you found this video to be helpful, or you believe it could help someone else, please go to theoklahomacityattorney.com. My name is Dillan Savage, and I’m the Oklahoma City business law attorney with Wirth Law Office. Thank you for watching.
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