[§302A-1148.5]  Use of school grounds;
assumption of risk.  Any person who enters school grounds for the purpose
of using the school's grounds, facilities, or equipment for recreational
purposes, and who is not a student or member of the faculty or administration
of that school, is deemed to assume the risk of liability for any injuries or
death resulting from the use of the grounds, facilities, or equipment.  This
assumption of risk shall not apply if:



(1)  The person is an invitee or licensee to whom a duty
of care is owed by the school; provided that the person has received prior
written authorization from the school principal or other responsible person to
use the school's grounds, facilities, or equipment; or



(2)  The injuries or death were caused by wilful or
wanton misconduct, including but not limited to the wilful or malicious failure
to guard or warn against a dangerous condition, use, or structure which was
knowingly created or perpetuated, and wilful or malicious failure to guard or
warn against a dangerous activity which was knowingly perpetuated. [L
1997, c 285, §1]



 



Revision Note



 



  Subsection designation deleted pursuant to §23G-15(1).