Wyoming Statutes

Wyo. Stat. § 1-39-106 (2026)

Liability; buildings, recreation areas and

✓ current as of May 2026

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public parks.

A governmental entity is liable for damages resulting from
bodily injury, wrongful death or property damage caused by the
negligence of public employees while acting within the scope of
their duties in the operation or maintenance of any building,
recreation area or public park.

Notes of Decisions

Cited in 21 cases (1 in the last 5 years), 1982–2021 · leading case: Jacob Fugle v. Sublette Cnty. Sch. Dist. 9 & Stephen Nelson, 2015 WY 98 (Wyo. 2015).

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Jacob Fugle v. Sublette Cnty. Sch. Dist. 9 & Stephen Nelson, 2015 WY 98 (Wyo. 2015). · cites it 34× “Whether the alleged negligence of Ap-pellees falls within the waiver of immunity from Hability for negligent operation or maintenance of a building under Wyo. Stat. Ann. § 1-39-106 . 2. Whether the alleged negligence of Ap-pellees falls within the waiver of immunity from…”

State Dep't of Corr. v. Watts, 2008 WY 19 (Wyo. 2008). · cites it 22× “ISSUES [¶ 2] The State phrases the issue as: Do Appellee’s claims fall within the “operation or maintenance of any building” exception to governmental immunity under Wyo. Stat. Ann. § 1-39-106 (LexisNexis 2003)? Mr.”

Yolanda Varela v. Goshen Cnty. Fairgrounds, a Wyoming governmental entity, 2020 WY 124 (Wyo. 2020). · cites it 27× “Varela argued that the Rendezvous Center should be considered both a building and a recreation area for purposes of determining whether the Wyo. Stat. Ann. § 1-39-106 waiver of immunity applies.”

Weber v. State, 2011 WY 127 (Wyo. 2011). · cites it 45× “Weber states a number of issues on appeal, [1] the only issue which is properly presented in this case is: Did the district court err by ruling that the State was immune under the circumstances presented here because its activities did not fall within the waiver for operation…”

City of Cheyenne v. Huitt, 844 P.2d 1102 (Wyo. 1993). · cites it 24× “§ 1-39-108 or Wyo. Stat. § 1-39-106. [1] We find to the contrary and reverse the actions of the district court with reference to a summary judgment, and we remand this matter with direction *1104 to enter a summary judgment in favor of the City.”

Rice v. Collins Commc'n, Inc., 2010 WY 109 (Wyo. 2010). · cites it 10× “§ 1-39-105 (1988); for operation of a building, recreational area or public park in Wyo. Stat. § 1-39-106; or for peace officers in Wyo.”

State v. Stovall, 648 P.2d 543 (Wyo. 1982). · cites it 8× “" However, public amusement areas, public housing, public places of entertainment, public places of exhibition, and places of public resort all appear to be covered under § 1-39-106, supra: "A governmental entity is liable for damages * * * caused by the negligence of public…”

Soles v. State, 809 P.2d 772 (Wyo. 1991). · cites it 7× “Does a governmental entity which performs periodic inspections as part of maintenance on a building waive immunity for negligently performed maintenance pursuant to W.S. § 1-39-106 (1977 as amended)? II. Does a failure to designate the record as required by Rule 302 of the local…”

Romero v. Hoppal, 855 P.2d 366 (Wyo. 1993). · cites it 14× “1-39-120(a)(iii) reads: (a) The liability imposed by W.S. 1-39-106 through 1-39-112 does not include liability for damages caused by: * * * * * * (iii) The maintenance, including maintenance to compensate for weather conditions, of any bridge, culvert, highway, *369 roadway,…”

White v. State, 784 P.2d 1313 (Wyo. 1989). · cites it 5× “1-39-105; a building, recreation area or public park, W.S. 1-39-106; an airport, W.S. 1-39-107; a public utility, W.”

Newberry v. Bd. of Cnty. Commissioners, 919 P.2d 141 (Wyo. 1996). · cites it 10× “Furthermore, Newberry contends Fremont County understood it was accepting title to a “recreation area” and immunity from liability was waived pursuant to Wyo. Stat. § 1-39-106. He also seeks to avoid summary judgment by asserting there is a genuine issue of material fact whether…”

City of Torrington v. Cottier, 2006 WY 145 (Wyo. 2006). · cites it 4× “We further note that New Mexico has a governmental claims statute relating to public parks and buildings, similar to Wyo. Stat. Ann. § 1-39-106 , which uses both "operation" and "maintenance.”

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