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Re: Recreational Use Statutes - State by State

Postby Bob Kuczewski » Wed Nov 07, 2018 12:57 pm

From http://forum.hanggliding.org/viewtopic.php?t=36243

Paul wrote:Every state has laws in effect that deal with recreational land use liability. They basically state that if you allow someone to use your land for recreational purposes without you taking compensation for it, you aren't liable for them if they injure themselves. In some states hang gliding is actually mentioned as one of the examples of the types of activities considered to be recreation.

TJW wrote:True. But it doesn't actually prevent a suit being filed. If a suit is filed, you must defend it, or they get a default judgement in their favor. So whether the person filing the suit wins or not, you still have to pay for a legal defense.

It sure helps prevent law suits from being filed!!! It's even more of a deterrent if the defense fees can be recovered. TJW conveniently skips that part.

It also takes away the incentive for a lawyer to file such a case, and it will likely cost the plaintiff the fees ... for both lawyers.

This is the kind of fear mongering that is killing ("murdering") the sport of hang gliding, and it's par for the course on hanggliding.org where alternative voices are shut out.
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Re: Recreational Use Statutes - State by State

Postby TrikeTrash » Thu Nov 08, 2018 5:25 am

I don't understand why you guys make it so hard... Create a document that states you will pay the land owner some large sum, say $100,000, if you ever take him to court for ANY reason. Have the document notarized and give it to the land owner. Having a lawyer look it over would be a plus, but I doubt it would be necessary.
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Re: Recreational Use Statutes - State by State

Postby Bob Kuczewski » Thu Nov 08, 2018 3:06 pm

Great comment, and that will probably work for many private landowners. Anyone flying on private land should try that.

Most of the sites I,'ve been flying are government land of some sort (city, county, state, federal). Those organizations can be much harder to get to change.

With the help of a number of good people we've been freeing up a number of sites (Dockweiler, Ed Levin, all Utah State parks). But It's an ongoing effort.

The recreational use statutes are helpful for that purpose (whether the land is public or private).
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