How Recreational Use Statutes Affect Premises Liability

Compensation received from a premises liability lawsuit may be affected by the state or local municipalities recreational use statutes. Recreational uses include any activity that is not directly related to business or commercial purposes. These uses can last for any duration and contain any level of danger.

Premise Liability and Recreational Use

In many states, recreational use statutes hold that a private landowner is not responsible for any injury occurring during the recreational use. These types of laws are most common in the mountain regions of the U.S., where outdoor activities are common and often engaged in by strangers. Under these laws, there is no need for the landowner to warn recreational users about his lack of liability. Most typically, however, the injured party must not have been charged a fee for his use, because that constitutes a commercial transaction.

Exceptions to the Rule

However, the states with these laws often also limit their application. Most commonly, a landowner is not able to escape liability for injury befalling a recreational user when he is extremely negligent in failing to warn of a hazard, maintains an “attractive nuisance” on the property or operates a commercial enterprise on the land directly adjacent to the location where the injury occurred. Negligence in warning occurs when a hazard is visible, known and can reasonably be expected to cause injury but still the landowner does nothing. Usually, the landowner must know about the recreational use of his land.

An attractive nuisance is an item, fixture or something else that is likely to draw people to it and cause injury. An example of this is a waterslide with a shallow pond underneath it. A child would undoubtedly be drawn to the slide, but would be injured from the shallow fall.

The enterprise exception exists to prevent landowners using part but not all of their land for commercial purposes from claiming exemption under recreational use statutes. These laws require that the injured party become injured in a location near the commercial area on the property.

Getting Legal Help

If you have been injured while using property for recreation, seek legal assistance to analyze the feasibility and recovery for your injuries. An attorney will analyze your case in light of your state’s statute and discuss the likelihood of your receiving compensation.