Section 11-10-104 - Certain existing liabilities unaffected(a) Nothing in this chapter shall be construed as limiting in any way any liability which otherwise exists:(1) For willful or malicious failure to guard or warn against a dangerous or hazardous condition, use, structure, or activity; or(2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land other than the amount, if any, paid to the owner of the land by the state or any agency thereof, or any county or municipality or agency thereof.(b) Nothing in this chapter shall be deemed to create a duty of care or ground of liability for injury to person or property, and nothing in this chapter shall limit in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in such person's use of such land and in such person's activities thereon.Acts 1967, ch. 246, § 2; T.C.A., §§ 11-1303, 11-10-103.