An Act To Amend the Laws Governing Limited Liability for Recreational or Harvesting Activities
Maine Legislature, Session 126, LD 0154
Committee: Judiciary
Sponsors: KESCHL, SAVIELLO, CHASE, CLARK, KNIGHT, NUTTING, SHAW
Amends: 14 MRSA §159-A

Legislative Document 
No. 154 
H.P. 129 
House of Representatives, January 31, 2013 
An Act To Amend the Laws Governing Limited Liability for 
Recreational or Harvesting Activities 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative KESCHL of Belgrade. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: CHASE of Wells, CLARK of Easton, KNIGHT of Livermore Falls, 
NUTTING of Oakland, SHAW of Standish. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §159-A, sub-§1, ¶A, as amended by PL 2005, c. 375, §1, is 
further amended to read: 
A.  "Premises" means improved and unimproved lands, private ways, roads, any 
buildings or structures on those lands and waters standing on, flowing through or 
adjacent to those lands. "Premises" includes railroad property, private railroad 
crossings, railroad rights-of-way and utility corridors to which public access is 
permitted. 
Sec. 2.  14 MRSA §159-A, sub-§1, ¶B, as amended by PL 2009, c. 156, §1, is 
further amended to read: 
B.  "Recreational or harvesting activities" means recreational activities conducted 
out-of-doors, including, but not limited to, hunting, fishing, trapping, camping, 
environmental education and research, hiking, recreational caving, sight-seeing, 
operating 
snow-traveling 
and 
all-terrain 
vehicles, 
skiing, 
hang-gliding, 
noncommercial aviation activities, dog sledding, equine activities, boating, sailing, 
canoeing, rafting, biking, picnicking, swimming or activities involving the harvesting 
or gathering of forest, field or marine products regardless of whether an agreement 
pertaining to such activities exists.  It includes the use of railroad property, private 
railroad crossings and railroad rights-of-way by nonrailroad users regardless of 
whether an agreement pertaining to such use exists.  It includes, without limitation, 
entry of, volunteer maintenance and improvement of, use of and passage over 
premises in order to pursue these activities.  "Recreational or harvesting activities" 
does not include commercial agricultural or timber harvesting. 
Sec. 3.  14 MRSA §159-A, sub-§4, as amended by PL 1995, c. 566, §1, is further 
amended to read: 
4.  Limitations on section.  This section does not limit the liability that would 
otherwise exist: 
A.  For a willful or malicious failure to guard or to warn against a dangerous 
condition, use, structure or activity; 
B.  For an injury suffered in any case where permission to pursue any recreational or 
harvesting activities was granted for a consideration other than the consideration, if 
any, paid to the following: 
(1)  The landowner or the landowner's agent by the State; or 
(2)  The landowner or the landowner's agent for use of the premises on which the 
injury was suffered, as long as the premises are not used primarily for 
commercial recreational purposes and as long as the user has not been granted the 
exclusive right to make use of the premises for recreational activities; or 
C.  For an injury caused, by acts of persons to whom permission to pursue any 
recreational or harvesting activities was granted, to other persons to whom the person 
granting permission, or the owner, lessee, manager, holder of an easement or 
occupant of the premises, owed a duty to keep the premises safe or to warn of danger. 
by acts of persons to whom permission to pursue any recreational or harvesting 
activities was granted; or 
D.  By virtue of the terms and conditions of a contract. 
SUMMARY 
This bill makes the following changes to the laws governing limited liability for 
recreational or harvesting activities. 
1.  It includes private railroad crossings in the definition of "premises." 
2.  It amends the definition of "recreational or harvesting activities" to provide that 
the listed activities qualify as recreational or harvesting activities regardless of whether an 
agreement pertaining to such activities exists. 
3.  It provides that the term "recreational or harvesting activities" includes the use of 
railroad property, private railroad crossings and railroad rights-of-way by nonrailroad 
users regardless of whether an agreement pertaining to such use exists. 
4.  It removes the provision that exempts an injury suffered in any case where 
permission to pursue a recreational or harvesting activity was granted in exchange for a 
payment from the extension of limited liability. 
5.  It provides that the laws governing limited liability for recreational or harvesting 
activities do not limit the liability that would otherwise exist by virtue of the terms and 
conditions of a contract.