Wyoming Recreation Safety Act: The Implications for Allowing People to Hunt on your Land

This time of year, we are often asked about landowner’s liability when they allow people to hunt on their land.  That liability is governed in part by Wyoming’s Recreational Safety Act.  (W.S. 1-1-122 et seq.)  The Wyoming Recreation Safety Act (WRSA) is a state law designed to limit the liability of landowners who allow recreational activities on their property, including hunting. Hunters who privately arrange the use a landowner’s private property assumes the inherent risks of the dangers of hunting on someone else’s land.  The primary purpose of the WRSA is to encourage landowners to open their land for public recreational use by providing them with certain legal protections.  This means that if a person is injured while hunting on the landowner's property, the landowner may be shielded from claims arising out of the risk’s characteristic of, intrinsic to, or are an integral part of hunting.

Despite the liability protections provided by the WRSA, landowners are not completely immune from legal responsibility.  They still have a duty to reasonably maintain their property and warn participants of known dangers.  For example, if the landowner knows about a hidden open well, the Landowner should warn the Hunter of that danger.  Failure to warn about hidden unexpected dangers may create liability for the Landowner.  

Similarly, Landowners cannot purposely place dangers on their land without liability.  For example, if a landowner booby trapped a shed with a shotgun that ultimately killed hunter, the act of booby trapping the shed would incur liability for the Landowner.

 One extra step a Landowners who allows hunting on their property may want to consider, is having written agreements or waivers in place with the hunters.  These agreements can outline the risks associated with hunting and may include provisions that further limit the landowner's liability.

It's important to note that laws and regulations can change over time, so it's essential for landowners and hunters to stay informed about any updates or amendments to the Wyoming Recreation Safety Act or other relevant laws in the state of Wyoming. Consulting with legal counsel is advisable to navigate the legal intricacies and ensure compliance with the law. If you have questions call Lubnau Law at (307) 682-1313.