§2791.2. Limitation of liability for aeronautical activities at nonpublic use airports; private landowners

            A. As used in this Section:

            (1) "Aeronautical activities" means the act or practice of the art and science of transportation by aircraft and operations, construction, repair, or maintenance of aircraft, airports, landing fields, landing strips, air navigation of, or flight in, or air instruction.

            (2) "Charge" means the admission price or fee required in return for permission to use lands, but does not include the following:

            (a) The sharing of game, fish, or other products of recreational use.

            (b) Contributions in kind, services, or cash paid to reduce or offset costs and eliminate losses from recreational use.

            (c) Donations made during aeronautical activities at nonpublic use airports.

            (3) "Land" means urban or rural land, roads, water, watercourses, airstrips, private ways and buildings, structures, including machinery or equipment when attached to immovable property.

            (4) "Malicious" means an intentional act of misconduct that the actor knows or should have known is likely to result in harm. The term shall not include negligent or reckless conduct.

            (5) "Nonpublic use airport" means an airport that is primarily used by the owner with access by others without a charge as permitted by the owner.

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

            (7) "Person" means individuals regardless of age.

            (8) "Recreational purpose" includes aeronautical activities at nonpublic use airports.

            B. Except for willful or malicious failure to warn against a dangerous condition, use, structure, or activity, an owner of a nonpublic use airport shall not be liable for any loss or damage to any person on the owner's property when the loss or damage is related to an emergency landing of an aircraft, except an owner of commercial recreational developments or facilities, who permits with or without charge any person to use his land for recreational purposes as defined in this Subsection.

            C. Unless otherwise agreed in writing, the provisions of Subsection B of this Section shall be deemed applicable to the duties and liability of an owner of land leased for recreational purposes to the federal government, including any state or political subdivision thereof, or private persons.

            D. Nothing in this Section shall be construed to relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this Section to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failing to employ such care.

            Acts 2026, No. 826, §1.