Iowa Code » Chapter 461C — PUBLIC USE OF PRIVATE LANDS AND WATERS
Iowa Code

Iowa Code § 461C.6 (2026)

When liability lies against holder

✓ current as of July 2026
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Nothing in this chapter limits in any way any liability which otherwise exists:

1. For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.

2. For injury suffered in any case where the holder of land charges the person or persons who enter or go on the land for the recreational use thereof or for deer hunting, except that in the case of land or any interest or right therein, leased or transferred to, or the subject of any \n Tue Dec 09 22:09:57 2025 Iowa Code 2026, Chapter 461C (28, 0) 3 PUBLIC USE OF PRIVATE LANDS AND WATERS, §461C.10\n\nagreement with, the United States or any agency thereof or the state or any agency thereof or subdivision thereof, any consideration received by the holder for such lease, interest, right, or agreement shall not be deemed a charge within the meaning of this section. [C71, 73, 75, 77, 79, 81, §111C.6] C93, §461C.6 2006 Acts, ch 1121, §7; 2013 Acts, ch 128, §7; 2013 Acts, ch 140, §29, 39 Referred to in §461C.3, 461C.4 \n

Notes of Decisions
Cited in 6 cases, 1994–2015 · leading case: Kimberly Ann Sallee, Individually & as Next Friend of Lucas Gregory Durkop & Maria Christina Rivera, Matthew James Sallee, & James Allan Sallee v. Matthew R. Stewart & Diana Stewart D/B/A Stewartland Holsteins, 827 N.W.2d 128 (Iowa 2013).
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Kimberly Ann Sallee, Individually & as Next Friend of Lucas Gregory Durkop & Maria Christina Rivera, Matthew James Sallee, & James Allan Sallee v. Matthew R. Stewart & Diana Stewart D/B/A Stewartland Holsteins, 827 N.W.2d 128 (Iowa 2013). · cites it 22× “The latter standard means “[t]he actor has intentionally done an act of unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow, and which thus is usually accompanied by a conscious indifference to the…”
Dorrah v. United States, 282 F.R.D. 442 (N.D. Iowa 2012). · cites it 2× “6-1 at 9 (quoting Iowa Code § 461C.6(1)). Because plaintiff has alleged only negligence, and not “willful or malicious” conduct, defendant contends the complaint fails to state a claim upon which relief may be granted.”
Shannon & Danny NELSON, Individually, & on Behalf of E.N. F/K/A E.N., a Minor, Appellees, v. Lynn M. LINDAMAN, Lynn M. Lindaman, M.D., P.L.C. D/B/A Lindaman Orthopaedic, & Mercy Med. Ctr.—Des Moines, Appellants, 867 N.W.2d 1 (Iowa 2015). · cites it 2× “§ 461C.6 (recreational immunity exception allowing claims for “willful or malicious failure to guard or warn”); id.”
Tabak v. State, 870 P.2d 1014 (Wash. Ct. App. 1994). “§ 52-557h (1993); Iowa Code Ann. § 461C.6 (Supp. 1994); Mass.”
Timothy Michael Basquin v. City of Fairbank, Iowa (Iowa Ct. App. 2014). · cites it 2× “2d 128, 154 (Iowa 2013), our supreme court cited several authorities in interpreting the meaning of “willful” as set forth in the section 461C.6(1) (2009) (formerly section 111C.”
Shannon & Danny Nelson, Individually, & on Behalf of E.N. F/K/A E.N., a Minor v. Lynn M. Lindaman, Lynn M. Lindaman, M.D., P.L.C. D/B/A Lindaman Orthopaedic, & Mercy Med. Ctr. – Des Moines (Iowa 2015). “§ 461C.6 (recreational immunity exception allowing claims for “willful or malicious failure to guard or warn”); id.”
— Iowa Code § 461C.6(1) — 3 cases
Kimberly Ann Sallee, Individually & as Next Friend of Lucas Gregory Durkop & Maria Christina Rivera, Matthew James Sallee, & James Allan Sallee v. Matthew R. Stewart & Diana Stewart D/B/A Stewartland Holsteins, 827 N.W.2d 128 (Iowa 2013). “The latter standard means “[t]he actor has intentionally done an act of unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow, and which thus is usually accompanied by a conscious indifference to the…”
Dorrah v. United States, 282 F.R.D. 442 (N.D. Iowa 2012). “6-1 at 9 (quoting Iowa Code § 461C.6(1)). Because plaintiff has alleged only negligence, and not “willful or malicious” conduct, defendant contends the complaint fails to state a claim upon which relief may be granted.”
Timothy Michael Basquin v. City of Fairbank, Iowa (Iowa Ct. App. 2014). “2d 128, 154 (Iowa 2013), our supreme court cited several authorities in interpreting the meaning of “willful” as set forth in the section 461C.6(1) (2009) (formerly section 111C.”
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