[Bill Cummings]

Colorado

    https://www.americanwhitewater.org/resources/repository/Colorado_Recreational_Use_Statute.htm
 
 
 
 
 
 
 

Moderator's Note: Bill has provided an updated link to the Colorado statute on Page 3.

[Bill Cummings]

Texas

    http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.75.htm

[Bob Kuczewski]

Florida

    From: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0375/Sections/0375.251.html

375.251 Limitation on liability of persons making available to public certain areas for recreational purposes without charge. —

(1) The purpose of this section is to encourage persons to make land, water areas, and park areas available to the public for outdoor recreational purposes by limiting their liability to persons using these areas and to third persons who may be damaged by the acts or omissions of persons using these areas.

(2)(a) An owner or lessee who provides the public with an area for outdoor recreational purposes owes no duty of care to keep that area safe for entry or use by others, or to give warning to persons entering or going on that area of any hazardous conditions, structures, or activities on the area. An owner or lessee who provides the public with an area for outdoor recreational purposes:
1. Is not presumed to extend any assurance that the area is safe for any purpose;
2. Does not incur any duty of care toward a person who goes on the area; or
3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area.
(b) Notwithstanding the inclusion of the term “public” in this subsection and subsection
(1), an owner or lessee who makes available to any person an area primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the limitation on liability provided herein so long as the owner or lessee provides written notice of this provision to the person before or at the time of entry upon the area or posts notice of this provision conspicuously upon the area.
(c) The Legislature recognizes that an area offered for outdoor recreational purposes may be subject to multiple uses. The limitation of liability extended to an owner or lessee under this subsection applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes.

(3)(a) An owner of an area who enters into a written agreement concerning the area with the state for outdoor recreational purposes, where such agreement recognizes that the state is responsible for personal injury, loss, or damage resulting in whole or in part from the state’s use of the area under the terms of the agreement subject to the limitations and conditions specified in s. 768.28, owes no duty of care to keep the area safe for entry or use by others, or to give warning to persons entering or going on the area of any hazardous conditions, structures, or activities thereon. An owner who enters into a written agreement concerning the area with the state for outdoor recreational purposes:
1. Is not presumed to extend any assurance that the area is safe for any purpose;
2. Does not incur any duty of care toward a person who goes on the area that is subject to the agreement; or
3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area that is subject to the agreement.
(b) This subsection applies to all persons going on the area that is subject to the agreement, including invitees, licensees, and trespassers.
(c) It is the intent of this subsection that an agreement entered into pursuant to this subsection should not result in compensation to the owner of the area above reimbursement of reasonable costs or expenses associated with the agreement. An agreement that provides for such does not subject the owner or the state to liability even if the compensation exceeds those costs or expenses. This paragraph applies only to agreements executed after July 1, 2012.

(4) This section does not relieve any person of liability that would otherwise exist for deliberate, willful, or malicious injury to persons or property. This section does not create or increase the liability of any person.

(5) As used in this section, the term:
(a) “Area” includes land, water, and park areas.
(b) “Outdoor recreational purposes” includes, but is not limited to, hunting, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, motorcycling, and visiting historical, archaeological, scenic, or scientific sites.

[Bob Kuczewski]

On hanggliding.org:

RE: PIONEERING A NEW SITE

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.

[Frank Colver]

I also like this one from HG.org this morning:

Take the advice of Frank, Paul, miracle, and bigbird, all excellent bits of advice.

Read more: http://forum.hanggliding.org/viewtopic. ... z5WBewx5SV

Frank

[Bob Kuczewski]

I also like this one from HG.org this morning ...

Here's the best part of that post:

Don't get USHPA involved, though. Bringing in insurance will kill the site for sure.

Maybe you could post a link to this topic to hanggliding.org. We've listed the recreational use statutes since 2016. Oh wait, you can only say what Jack let's you say on hanggliding.org.

If Jack likes the idea of recreational use statutes, you can say it. If he doesn't like the idea of USHGRS, you can't even mention it. If he doesn't like your references to U.S. Hawks or USHGRS, he just changes your posts. Maybe Jack should just post for everyone and save you all the typing.

The injustice of Joe's banning hasn't gone away.

[Bob Kuczewski]

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

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.

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.

[TrikeTrash]

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.

[Bob Kuczewski]

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

Unfortunately, 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).

[Bob Kuczewski]

Virginia

    From: https://law.lis.virginia.gov/vacode/title5.1/chapter1/section5.1-7.3/

§ 5.1-7.3. Duty of care and liability for damages of owners of private landing areas.

A. For the purposes of this section:

"Fee" means any payment or payments of money to a landowner for use of the premises or in order to engage in any activity described in subsections B and C, but does not include any action taken by another to improve the land or access to the land for the purposes set forth in subsections B and C or to remedy damage caused by such uses.

"Land" or "premises" means any privately owned area for landing any aircraft, that is not open to the general public, and that is registered with the Department and the Federal Aviation Administration pursuant to § 5.1-7.2.

"Landowner" means the legal title holder, lessee, occupant, or any other person in control of the land or premises.

B. A landowner shall not be liable for ordinary negligence related to conditions on his premises that proximately cause damage to property or injury to occupants of an aircraft or ultralight vehicle landing on or taking off from such premises, provided that no commercial operation is being conducted on or about the premises.

C. Any landowner who gives permission, express or implied, to another person to operate aircraft or ultralight vehicles of any type for the personal use of such person or for the use of an easement as set forth in subsection B does not thereby:

1. Impliedly or expressly represent that the premises are safe for such purposes;

2. Grant invitee status or its corresponding duty of care to the person to whom such permission has been granted; or

3. Assume responsibility for or incur liability for any intentional or negligent acts of such person or any other person, except as provided in subsection D.

D. Nothing contained in this section shall limit the liability of a landowner that may otherwise arise or exist by reason of his gross negligence or willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. The provisions of this section shall not limit the liability of a landowner that may otherwise arise or exist when the landowner receives a fee for use of the premises or to engage in any activity described in subsection B or C. Nothing contained in this section shall relieve any landowner who sponsors or conducts any event or competition of the duty to exercise ordinary care in such events.