Day on Torts
Post 21 of this series re-designates the current language of existing T.C.A. Section 70-7-104 (the Recreational Use Statute) as subsection (a) and then adds a subsection (b). Thus, as of July 1, the new statute reads as follows:
(a) This part does not limit the liability that otherwise exists for:
(1) Gross negligence, willful or wanton conduct that results in a failure to guard or warn against a dangerous condition, use, structure or activity; or
(2) Injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike, sightsee, cave, or any other legal purpose was granted, to third persons or to persons to whom the person granting permission, or the landowner, lessee, occupant, or any person in control of the land or premises, owed a duty to keep the land or premises safe or to warn of danger.
(b) Subdivision (a)(1) shall not be construed to impose liability or remove the immunity conferred by Sec. 70-7-102 for failure to guard or warn of a dangerous condition created by forces of nature.
Click on the link to read Public Chapter 602.