K.S.A. » Chapter 58
Kansas Statutes Annotated

K.S.A. § 58-3203 (2026)

Limited liability of property owners; owner's duty of care

✓ current as of May 2026
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58-3203. Limited liability of property owners; owner's duty of care. Except as specifically recognized by or provided in K.S.A. 58-3206 and amendments thereto, an owner of land who makes all or any part of the land available to the public for recreational purposes owes no duty of care to keep the premises, or that part of the premises so made available, safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure or activity on such premises to persons entering for such purposes. An owner of land who does take actions to keep the premises safe or to warn persons of a dangerous condition, use, structure or activity on the premises shall not be deprived of the protection which this law would provide had the owner not taken such actions or given such warning.

History: L. 1965, ch. 559, § 3; L. 1995, ch. 167, § 1; April 27.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1987–2026 · leading case: David L. Klepper v. City of Milford, Kansas, & David L. Klepper v. United States of Am., & Third Party & City of Milford, Kansas, Third Party, 825 F.2d 1440 (3rd Cir. 1987).
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David L. Klepper v. City of Milford, Kansas, & David L. Klepper v. United States of Am., & Third Party & City of Milford, Kansas, Third Party, 825 F.2d 1440 (3rd Cir. 1987). · cites it 2× “Unless otherwise agreed in writing, the provisions of K.S.A. 58-3203 and 58-3204 shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes.”
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). “” Iowa Code § 461C; Kan. Stat. Ann. § 58-3203 (2005). Whether the duty is “assumed” or “preexisting” does not factor into the analysis so long as the claimed breach of duty is precluded from being raised by the statute.”
Mozier v. Parsons, 852 F. Supp. 925 (D. Kan. 1994). · cites it 2× “This statute exempts landowners from liability for mere negligent failure to warn recreational users of dangerous conditions when “land,” including facilities and water, is made available for use free of charge.”
Robison v. State, 43 P.3d 821 (Kan. Ct. App. 2002). “, and the recreational land use statute, K.S.A. 2000 Supp. 58-3203, and there was a failure to state a claim under any theory of premises liability.”
Bingaman v. Kansas City Power & Light Co., 1 F.3d 976 (10th Cir. 1993). “” Kan.Stat.Ann. § 58-3203. Similarly, an owner of nonagricultural land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby: (a) Extend any assurance that the premises are safe for any…”
Muir v. Cleveland Univ.-Kansas City (Kan. Ct. App. 2026). · cites it 2× “" K.S.A. 58-3203 defines a landowner's duty of care as follows: "[A]n owner of land who makes all or any part of the land available to the public for recreational purposes owes no duty of care to keep the premises, or that part of the premises so made available, safe for entry…”
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