§ 5-804. Owners of caves  


Latest version.



  •    (a) Definitions. --

       (1) In this section the following words have the meanings indicated.

       (2) "Cave" has the meaning stated in § 5-1401 of the Natural Resources Article.

       (3) "Commercial cave" has the meaning stated in § 5-1401 of the Natural Resources Article.

       (4) "Owner" has the meaning stated in § 5-1401 of the Natural Resources Article.

       (5) "Person" has the meaning stated in § 5-1401 of the Natural Resources Article.

    (b) Caves generally. -- An owner of a cave or the owner's authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of the cave.

    (c) Commercial caves. -- An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless:

       (1) The injury is sustained as a result of the owner's negligence in connection with the providing and maintaining of trails, stairs, electrical wires, or other modifications; and

       (2) The negligence is the proximate cause of the injury.


HISTORY: 1990, ch. 546, § 3; 1997, ch. 14, § 9.