N.D. Cent. Code » Title 53 · Chapter 53-08
North Dakota Century Code

N.D. Cent. Code § 53-08-05 (2026)

Failure to warn against dangerous conditions - Charge to enter

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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This chapter does not limit in any way any liability that otherwise exists for:

1. Willful and malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or

2. Injury suffered in any case in which the owner of land:

a. Charges the person for entry onto the land other than the amount, if any, paid to the owner of the land by the state; and

b. The total charges collected by the owner in the previous calendar year for all recreational use of land under the control of the owner are more than:

(1) Twice the total amount of property taxes imposed on the land for the previous calendar year; or

(2) In the case of agricultural land, four times the total amount of property taxes imposed on the land for the previous calendar year.

Notes of Decisions
Cited in 11 cases, 1985–2016 · leading case: Olson v. Bismarck Parks & Rec. Dist., 2002 ND 61, 642 N.W.2d 864.
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Olson v. Bismarck Parks & Rec. Dist., 2002 ND 61, 642 N.W.2d 864. · cites it 20× “N.D.C.C. § 53-08-05. In this chapter, unless the context or subject matter otherwise requires: *867 1.”
Schmidt v. Gateway Cmty. Fellowship, 2010 ND 69, 781 N.W.2d 200. · cites it 20× “At the time of the 2002 automotive show and skateboarding exhibition, N.D.C.C. § 53-08-05, provided there was no recreational use immunity for "[w]illful and malicious failure to guard or warn against a dangerous condition, use, structure, or activity," or for "[i]njury suffered…”
Stokka v. Cass Cnty. Elec. Coop., Inc., 373 N.W.2d 911 (N.D. 1985). · cites it 18× “In determining that there were no genuine issues of material fact and that CCEC was entitled to summary judgment as a matter of law, the trial court determined that § 53-08-05, N.D.C.C., was applicable and stated in its order for judgment: "Having reviewed the entire record…”
Leet v. City of Minot, 2006 ND 191, 721 N.W.2d 398. · cites it 12× “[¶ 16] Under N.D.C.C. § 53-08-05, any willful and malicious failure to warn parties of any dangerous conditions will result in liability.”
Kappenman v. Klipfel, 2009 ND 89, 765 N.W.2d 716. · cites it 8× “, further provides: Subject to the provisions of section 53-08-05, 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: 1.”
M.M. v. Fargo Pub. Sch. Dist. No. 1, 2010 ND 102, 783 N.W.2d 806. · cites it 6× “, further states: “Subject to the provisions of section 53-08-05, 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: 1.”
Hovland v. City of Grand Forks, 1997 ND 95, 563 N.W.2d 384. · cites it 4× “N.D.C.C. § 53-08-05. See Stokka v. Cass County Electric Co-op.”
Linda Henderson Robert Henderson, III Eric Henderson Dorothy Henderson v. United States, 965 F.2d 1488 (8th Cir. 1992). “§ 20-9-16 (1991) (“willful or wanton”) — we believe that were the issue before the Supreme Court of Missouri, it would equate “malicious” in Missouri’s Recreational Use Statute with “malice” in its legal sense.”
Umpleby v. United States, 806 F.2d 812 (8th Cir. 1986). “This limitation on liability does not apply, however, if the conduct of the landowner consists of a “willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity____” N.D. Cent. Code § 53-08-05 . III. An analysis of the North Dakota…”
Woody v. Pembina Cnty. Annual Fair & Exhibition Ass'n, 2016 ND 56, 877 N.W.2d 70. · cites it 2× “or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes,” subject to the provisions in N.D.C.C. § 53-08-05. N.D.O.C. § 53-08-02.”
Cudworth v. Midcontinent Commc'ns, 380 F.3d 375 (8th Cir. 2004). “N.D. Cent.Code. § 53-08-05. The parties contest the application of this exception and, more specifically, the meaning of “malicious,” a term which the statute does not define.”
N.D. Cent. Code § 53-08-05(1): 5 cases
Olson v. Bismarck Parks & Rec. Dist., 2002 ND 61, 642 N.W.2d 864. “N.D.C.C. § 53-08-05. In this chapter, unless the context or subject matter otherwise requires: *867 1.”
M.M. v. Fargo Pub. Sch. Dist. No. 1, 2010 ND 102, 783 N.W.2d 806. “, further states: “Subject to the provisions of section 53-08-05, 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: 1.”
Leet v. City of Minot, 2006 ND 191, 721 N.W.2d 398. “[¶ 16] Under N.D.C.C. § 53-08-05, any willful and malicious failure to warn parties of any dangerous conditions will result in liability.”
Kappenman v. Klipfel, 2009 ND 89, 765 N.W.2d 716. “, further provides: Subject to the provisions of section 53-08-05, 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: 1.”
Schmidt v. Gateway Cmty. Fellowship, 2010 ND 69, 781 N.W.2d 200. “At the time of the 2002 automotive show and skateboarding exhibition, N.D.C.C. § 53-08-05, provided there was no recreational use immunity for "[w]illful and malicious failure to guard or warn against a dangerous condition, use, structure, or activity," or for "[i]njury suffered…”
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