Wyoming Statutes

Wyo. Stat. § 34-19-105 (2026)

When landowner's liability not limited.

✓ current as of May 2026

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(a) Nothing in this act limits in any way any liability
which otherwise exists:

          (i) For willful or malicious failure to guard or warn
against a dangerous condition, use, structure, or activity,
except an owner whose land is adjacent to a national scenic
trail designated by the United States congress and who has
conveyed an easement across his lands for purposes of a
designated national scenic trail shall owe no duty of care to
keep the adjacent lands safe or to give any warning of a
dangerous condition, use, structure or activity on the adjacent
lands. The installation of a sign, other form of warning or
modification made to improve safety shall not create liability
on the part of an owner of the adjacent land if there is no
other basis for liability;
          (ii) For injury suffered in any case where the owner
of land charges the persons who enter or go on the land for
recreational purposes, except that in the case of land leased to
the state or a subdivision of this state, any consideration
received by the owner for the lease shall not be deemed a charge
within the meaning of this section;

          (iii)   Under W.S. 1-39-107.

Notes of Decisions

Cited in 5 cases, 1994–2012 · leading case: Tabak v. State, 870 P.2d 1014 (Wash. Ct. App. 1994).

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Tabak v. State, 870 P.2d 1014 (Wash. Ct. App. 1994). “§ 70-7-104 (1987); Wyo. Stat. § 34-19-105 (1990). The model act works a fundamental change in the law by shifting the burden of liability for most injuries from the landowner, who may be in a position to prevent accidents, to the entrant, who may be entirely powerless to avoid…”

Addakai v. Witt, 2001 WY 85 (Wyo. 2001). “(a) Except as specifically recognized by or provided in W.S. 34-19-105, an owner of land who either directly or indirectly invites or permits without charge any person to use the land for recreational purposes or a lessee of state lands does not thereby: (i) Extend any assurance…”

Newberry v. Bd. of Cnty. Commissioners, 919 P.2d 141 (Wyo. 1996). “In addressing the duty of the landowner, the statute provides: Except as specifically recognized by or provided in W.S. 34-19-105, an owner of 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…”

Childers v. United States, 40 F.3d 973 (9th Cir. 1994). “Finally, the court added that because NPS regulations allowed David to enter the Park free of charge, the Wyoming Recreational Use Statute, Wyo. Stat. § 34-19-105 (1977) which bars claims by visitors who enter on land without charge, also prevents recovery.”

Evert v. United States, 900 F. Supp. 2d 1286 (D. Wyo. 2012). · cites it 3× “Wyo. Stat. Ann. § 34-19-105 . This Court previously considered the WRUA in the context of this case and will not repeat the analysis contained within its earlier decision concerning the applicability of the WRUA and the need to focus on whether there was a willful failure to…”

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