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

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

(2)  The injuries or death were caused by wilful orwanton misconduct, including but not limited to the wilful or malicious failureto guard or warn against a dangerous condition, use, or structure which wasknowingly created or perpetuated, and wilful or malicious failure to guard orwarn against a dangerous activity which was knowingly perpetuated. [L1997, c 285, §1]

 

Revision Note

 

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