H 4134 General Bill, By Inabinett, Witherspoon, Sharpe, Riser, Edge, Kennedy, 
Bailey, Bales, Barfield, Breeland, Campsen, Canty, Clyburn, Dantzler, Emory, 
Harrison, J. Hines, Keegan, Limehouse, Littlejohn, Lloyd, Mack, McCraw, 
M. McLeod, McMahand, Moody-Lawrence, J.M. Neal, Ott, Phillips and Stille
 A BILL TO AMEND CHAPTER 3, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE LIMITATION ON LIABILITY FOR LANDOWNERS TO ENCOURAGE THEM TO
 MAKE THEIR PROPERTY AVAILABLE FOR RECREATIONAL PURPOSES, SO AS TO PROVIDE A
 MORE COMPLETE DEFINITION OF THE TERM "PERSON"; TO PROVIDE THAT THE LANDOWNER
 MAY, DIRECTLY OR INDIRECTLY, PERMIT THE USE OF HIS LAND FOR RECREATIONAL
 PURPOSES; AND TO PROVIDE THAT THE LANDOWNER DOES NOT INCUR LIABILITY FOR AN
 INJURY CAUSED BY A NATURAL OR ARTIFICIAL CONDITION, STRUCTURE, OR PERSONAL
 PROPERTY ON THE PREMISES.

   05/20/99  House  Introduced and read first time HJ-5
   05/20/99  House  Referred to Committee on Judiciary HJ-6

TO AMEND CHAPTER 3, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON LIABILITY FOR LANDOWNERS TO ENCOURAGE THEM TO MAKE THEIR PROPERTY AVAILABLE FOR RECREATIONAL PURPOSES, SO AS TO PROVIDE A MORE COMPLETE DEFINITION OF THE TERM "PERSON"; TO PROVIDE THAT THE LANDOWNER MAY, DIRECTLY OR INDIRECTLY, PERMIT THE USE OF HIS LAND FOR RECREATIONAL PURPOSES; AND TO PROVIDE THAT THE LANDOWNER DOES NOT INCUR LIABILITY FOR AN INJURY CAUSED BY A NATURAL OR ARTIFICIAL CONDITION, STRUCTURE, OR PERSONAL PROPERTY ON THE PREMISES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 3, Title 27 of the 1976 Code is amended to read:

Section 27-3-10. 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 toward persons entering thereon the land for such these purposes.

Section 27-3-20. As used in this chapter:

(a) 'Land' means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty.

(b) 'Owner' means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises.

(c) 'Recreational purpose' includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, summer and winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites.

(d) 'Charge' means the admission price or fee asked in return for invitation or permission to enter or go upon the land.

(e) 'Persons' means individuals regardless of age, maturity, or experience, who enter upon or use the land for recreational purposes.

Section 27-3-30. Except as specifically recognized by or provided in Section 27-3-60, an owner of land owes no does not owe a duty of care to keep the premises safe for entry or use by persons who have sought and obtained his permission to use it for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on such the premises to such persons entering for such these purposes.

Section 27-3-40. Except as specifically recognized by or provided in Section 27-3-60, an owner of land who, either directly or indirectly, allows or permits without charge any a person having sought such permission to use such his property for recreational purposes does not thereby:

(a) extend any assurance that the premises are safe for any purpose.;

(b) confer upon such that person the legal status of an invitee or licensee to whom a duty of care is owed.;

(c) assume responsibility for or incur liability for any injury to person or property caused by an act of or omission of such persons the person; or

(d) assume responsibility for or incur liability for any injury to person or property caused by any natural or artificial condition, structure, or personal property on the premises.

Section 27-3-50. Unless otherwise agreed in writing, the provisions of Sections 27-3-30 and 27-3-40 shall be deemed are applicable to the duties and liability of an owner of land leased to the State or any of its subdivision thereof subdivisions for recreational purposes.

Section 27-3-60. Nothing in This chapter does not limits limit in any way any liability which otherwise exists:

(a) for grossly negligent, willful wilful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.; or

(b) for injury suffered in any a case where the owner of land charges persons who enter or go on the land for the recreational use thereof purposes, except that in the case of land leased to the State or a its subdivision thereof, any consideration received by the owner for such the lease shall is not be deemed a charge within the meaning of this section.

Section 27-3-70. Nothing in This chapter shall be construed to does not:

(a) create a duty of care or ground of liability for injury to persons or property.; or

(b) relieve any a person using the land of another for recreational purposes from any an obligation which he may have in the absence of this chapter to exercise care in his use of such the land and in his activities thereon upon it, or from the legal consequences of failure to employ such that care."

SECTION 2. This act takes effect upon approval by the Governor and applies to causes of action arising on or after that date.