GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 136

Short Title:  Trail System Liability.	(Public)
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Sponsors: Senators Sherron, Allran, Cochrane, Kaplan, Shaw; Basnight, Carpenter, Johnson, Odom, Perdue, Plexico, Plyler, Sands, Staton, Tally, Ward, and Warren.
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Referred to:  Judiciary I.
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February 20, 1991

A BILL TO BE ENTITLED
AN ACT TO EXTEND THE LIMITED LIABILITY PROTECTION UNDER THE TRAILS SYSTEM TO LANDOWNERS, UNITS OF GOVERNMENT, TRAIL DEVELOPERS, AND TRAIL MAINTAINERS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 113A-95 reads as rewritten:
"§ 113A-95.  Trail use liability.
An owner, lessee, occupant, or other person in control of land who allows without compensation another person to hike or use the land for trail purposes or to construct or maintain or cause to be constructed or maintained a recreational, scenic, connecting, or side trail owes the person the same duty of care he owes a trespasser. A person who has constructed or maintained or caused to be constructed or maintained a trail pursuant to standards adopted by the Secretary of the Department of Environment, Health, and Natural Resources as the North Carolina Trails System Guidelines and otherwise pursuant to agreements with an owner, lessee, occupant, or other person in control of land on which a trail is located shall be considered to be an owner, lessee, occupant, or other person in control of land for the purposes of any action where the liability of the person to another who is a hiker or trail user is sought to be determined."
Sec. 2. This act becomes effective October 1, 1991.