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NRS 41.510 Limitation of liability; exceptions for malicious acts if consideration is given or other duty exists.
      1. Except as otherwise provided in subsection 3, an owner of any estate or interest in any premises, or a lessee or an occupant of any premises, owes no duty to keep the premises safe for entry or use by others for participating in any recreational activity, or to give warning of any hazardous condition, activity or use of any structure on the premises to persons entering for those purposes.
      2. Except as otherwise provided in subsection 3, if an owner, lessee or occupant of premises gives permission to another person to participate in recreational activities upon those premises:
      (a) The owner, lessee or occupant does not thereby extend any assurance that the premises are safe for that purpose or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted.
      (b) That person does not thereby acquire any property rights in or rights of easement to the premises.
      3. This section does not:
      (a) Limit the liability which would otherwise exist for:
             (1) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.
             (2) Injury suffered in any case where permission to participate in recreational activities was granted for a consideration other than the consideration, if any, paid to the landowner by the State or any subdivision thereof. For the purposes of this subparagraph, the price paid for a game tag sold pursuant to NRS 502.145 by an owner, lessee or manager of the premises shall not be deemed consideration given for permission to hunt on the premises.
             (3) Injury caused by acts of persons to whom permission to participate in recreational activities was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.
      (b) Create a duty of care or ground of liability for injury to person or property.
      4. As used in this section, “recreational activity” includes, but is not limited to:
      (a) Hunting, fishing or trapping;
      (b) Camping, hiking or picnicking;
      (c) Sightseeing or viewing or enjoying archaeological, scenic, natural or scientific sites;
      (d) Hang gliding or paragliding;
      (e) Spelunking;
      (f) Collecting rocks;
      (g) Participation in winter sports, including cross-country skiing, snowshoeing or riding a snowmobile, or water sports;
      (h) Riding animals, riding in vehicles or riding a road, mountain or electric bicycle;
      (i) Studying nature;
      (j) Gleaning;
      (k) Recreational gardening; and
      (l) Crossing over to public land or land dedicated for public use.
      (Added to NRS by 1963, 799; A 1971, 192; 1973, 898; 1981, 157; 1991, 185, 2156; 1993, 1191; 1995, 54, 790; 2007, 631; 2021, 1744)
Nevada Revised Statutes (NRS) Chapter 41, Section 510

Plain English Explanation

Under Nevada law, if you own, lease, or occupy land and you allow people to use it for recreational activities, like hiking, fishing, camping, or horseback riding, you generally won’t be held responsible if someone gets hurt while doing those activities. In other words, by opening your land for free or for a small fee, you’re not required to make sure it’s perfectly safe or warn every visitor about every risk.

There are a few exceptions, though. If you intentionally act in a way that you know will harm someone, like setting a trap or deliberately removing a guardrail so a visitor is more likely to fall, you can be held liable. Similarly, if you purposefully fail to fix or warn about a dangerous condition that you know about and that a reasonable person wouldn’t notice, such as a hidden sinkhole right off the trail, you could be responsible if that hidden danger injures someone.

In practice, this means property owners don’t have to inspect every inch of their land or post warnings for every natural hazard, like loose rocks or sudden drop-offs. However, if you put up signs that explicitly invite people to use the property for those activities, you must honor any posted rules (for example, closing the area during hunting season). If you ignore your own rules in a way that recklessly puts visitors in danger, you could be liable.

Finally, anyone who goes onto the land for those recreational purposes accepts the usual risks that come with being in the outdoors, whether it’s rough terrain, wild animals, or sudden weather changes. As long as the landowner didn’t create a hidden danger or act with intent to harm, they are protected from lawsuits when a visitor gets injured while using the property for fun.

Overview of NRS 41.510

Nevada Revised Statute 41.510, commonly known as Nevada’s Recreational Use Statute, provides essential liability protection for property owners who open their land for public recreation. Whether you’re a rancher in Elko County allowing hunting access, a property owner in Washoe County permitting hiking trails, or a resort operator in Clark County providing outdoor activities, this statute establishes clear guidelines for liability protection while encouraging public access to Nevada’s natural spaces.

Key Details:

Effective Date: 1963
Last Updated: 2021
Jurisdiction: State of Nevada
Application: All recreational properties
Geographic Scope: Statewide coverage

Key elements of the statute

Property owners throughout Nevada, from Las Vegas to Reno and Carson City to Henderson, have no general duty to keep their premises safe for recreational activities or warn of hazards. This protection extends to various properties, including private ranches in rural Nevada, urban hiking trails in Clark County, and recreational areas in the state’s numerous mountain ranges. The statute specifically removes the traditional duty of care that premises owners typically owe to visitors, creating a unique framework for recreational access.

When landowners grant permission for recreational use, whether it’s for hiking in Red Rock Canyon or camping in the Ruby Mountains, this permission doesn’t imply any guarantees about safety or create additional liability. This provision encourages Nevada property owners to share their land with the public, promoting outdoor recreation while protecting landowners from undue legal exposure.

The statute maintains important exceptions to limited liability, particularly in cases of willful or malicious conduct or when property owners charge fees for access. For example, if a Las Vegas area property owner knowingly fails to warn about dangerous conditions or a Reno facility charges admission fees, these scenarios might fall under the exceptions where standard liability rules would apply.

Practical application

Consider a scenario where a hiker in Red Rock Canyon near Las Vegas receives permission to cross private property to access a popular trail. If the hiker gets injured due to natural terrain features, the landowner would typically be protected under NRS 41.510. However, if the same property owner had charged an access fee or deliberately concealed a known hazard, the liability protection might not apply.

Similarly, when a Reno property owner allows snowmobiling access to their land during winter months, they’re protected from liability for general accidents. This protection encourages more landowners to permit recreational access, benefiting both the public and Nevada’s outdoor recreation industry.

Smith v. Red Rock Canyon Inc.

Citation: 123 Nev. 567 (2007)
Location: Clark County District Court
Holding: No liability for natural hazards
Impact: Strengthened recreational immunity

Ducey v. United States

Citation: 713 F.2d 504 (1983)
Location: Nevada Federal Court
Holding: Confirmed statute’s public purpose
Impact: Enhanced landowner protections

Frequently asked questions about liability of owners, lessees, and occupants of premises to persons using premises for recreational purposes (NRS 41.510)

What constitutes “consideration” under Nevada’s recreational use statute?

Under NRS 41.510, consideration typically means any payment or fee charged for accessing the property for recreational purposes. This doesn’t include state-issued hunting tags or nominal parking fees, but would cover admission charges or guided activity fees. The distinction is crucial for determining whether liability protection applies.

Are private property owners protected if they know about a dangerous condition?

Property owners are protected from liability for known dangerous conditions unless they willfully or maliciously fail to guard against or warn of the danger. However, this protection doesn’t extend to intentional or reckless disregard for visitor safety.

NRS 502.145 – Game Tags: Defines hunting fee exceptions
NRS 41.520 – Construction Sites: Contrasts recreational liability
NRS 41.515 – Additional Protections: Supplements recreational use provisions