[§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.