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

K.S.A. § 58-3206 (2026)

Nonapplication of act to certain liabilities

✓ current as of May 2026
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58-3206. Nonapplication of act to certain liabilities. Nothing in this act limits in any way any liability which otherwise exists: (a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.

(b) For injury suffered in any case where the owner of nonagricultural land charges the person or persons who enter or go on the nonagricultural land for the recreational use thereof, except that in the case of nonagricultural land leased to the state or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.

History: L. 1965, ch. 559, § 6; L. 1988, ch. 198, § 3; July 1.

Notes of Decisions
Cited in 7 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 3× “Key provisions read as follows: Except as specifically recognized by or provided in K.S.A. 58-3206, an owner of *1445 land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use,…”
Bingaman v. Kansas City Power & Light Co., 1 F.3d 976 (10th Cir. 1993). · cites it 4× “” Kan.Stat.Ann. § 58-3206(a). Second, landowners who charge a fee for public use of nonagricultural land are not immune from liability.”
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.”
Jones v. United States, 355 F. App'x 117 (10th Cir. 2009). “” Kan. Stat. Ann. § 58-3206 (2005). We question how the KRUS would apply in the prison setting, given that the KRUS governs property made "available to the public for recreational purposes.”
Gonzales v. Bd. of Shawnee Cnty. Comm'rs, 799 P.2d 491 (Kan. 1990). “58-3204 states: “Except as specifically recognized by or provided in K.S.A. 58-3206, an owner of 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…”
Olson v. Empire Dist. Elec. Co., 14 S.W.3d 218 (Mo. Ct. App. 2000). · cites it 3× “58-3204 3 reads: “Except as specifically recognized by or provided in K.S.A. 58-3206, and amendments thereto, an owner of land who either directly or indirectly invites or permits any person to use such property, or any part of such property, for recreational purposes or an…”
Muir v. Cleveland Univ.-Kansas City (Kan. Ct. App. 2026). · cites it 2× “Tucker Muir counters that this variation of "willful" was not the operative definition when our Legislature enacted K.S.A. 58-3206. Klepper, 825 F.2d at 1446 n.”
— K.S.A. § 58-3206(a) — 3 cases
Bingaman v. Kansas City Power & Light Co., 1 F.3d 976 (10th Cir. 1993). “” Kan.Stat.Ann. § 58-3206(a). Second, landowners who charge a fee for public use of nonagricultural land are not immune from liability.”
Olson v. Empire Dist. Elec. Co., 14 S.W.3d 218 (Mo. Ct. App. 2000). “58-3204 3 reads: “Except as specifically recognized by or provided in K.S.A. 58-3206, and amendments thereto, an owner of land who either directly or indirectly invites or permits any person to use such property, or any part of such property, for recreational purposes or an…”
Muir v. Cleveland Univ.-Kansas City (Kan. Ct. App. 2026). “Tucker Muir counters that this variation of "willful" was not the operative definition when our Legislature enacted K.S.A. 58-3206. Klepper, 825 F.2d at 1446 n.”
— K.S.A. § 58-3206(b) — 1 case
Bingaman v. Kansas City Power & Light Co., 1 F.3d 976 (10th Cir. 1993). “” Kan.Stat.Ann. § 58-3206(a). Second, landowners who charge a fee for public use of nonagricultural land are not immune from liability.”
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