Utah Code

Utah Code § 57-14-204 (2026)

Liability not limited where willful or malicious conduct involved or admission fee charged

✓ current as of May 2026

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Nothing in this part limits any liability that otherwise exists for:

willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity;

deliberate, willful, or malicious injury to persons or property; or

an injury suffered where the owner of land charges a person to enter or go on the land or use the land for any recreational purpose.

For purposes of Subsection (1)(c), if the land is leased to the state or a subdivision of the state, any consideration received by the owner for the lease is not a charge within the meaning of this section.

Any person who hunts upon a cooperative wildlife management unit, as authorized by Title 23A, Chapter 7, Cooperative Wildlife Management Units, is not considered to have paid a fee within the meaning of this section.

Owners of a dam or reservoir who allow recreational use of the dam or reservoir and its surrounding area and do not themselves charge a fee for that use, are considered not to have charged for that use within the meaning of Subsection (1)(c), even if the user pays a fee to the Division of State Parks or the Division of Outdoor Recreation for the use of the services and facilities at that dam or reservoir.

The state or a subdivision of the state that owns property purchased for a railway corridor is considered not to have charged for use of the railway corridor within the meaning of Subsection (1)(c), even if the user pays a fee for travel on a privately owned rail car that crosses or travels over the railway corridor of the state or a subdivision of the state:

allows recreational use of the railway corridor and its surrounding area; and

does not charge a fee for that use.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Feldman v. Salt Lake City, 2021 UT 4 (Utah 2021).

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Feldman v. Salt Lake City, 2021 UT 4 (Utah 2021). · cites it 3× “Third, they argued that if section 401 does apply, it should be read to contain an exception for ―any conduct that is willful or wanton‖ under Utah Code § 57-14-204. ¶6 The Feldmans also moved to amend their complaint, seeking to add the allegation that the City‘s ―conduct was…”

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