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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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Re: Recreational Use Statutes - State by State

Postby Bob Kuczewski » Wed May 15, 2019 10:11 pm

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.
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Re: Recreational Use Statutes - State by State

Postby Bob Kuczewski » Wed May 15, 2019 11:03 pm

Maryland

    From: http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gnr&section=5-1103&ext=html&session=2019RS&tab=subject5

§5–1103. Except as specifically recognized by or provided in § 5-1106 of this subtitle, an owner of land owes no duty of care to keep the premises safe for entry or use by others for any recreational or educational purpose, or to give any warning of a dangerous condition, use, structure, or activity on the premises to any person who enters on the land for these purposes.

§5–1104. Except as specifically recognized by or provided in § 5-1106 of this subtitle, an owner of land who either directly or indirectly invites or permits without charge persons to use the property for any recreational or educational purpose or to cut firewood for personal use does not by this action:

    (1) Extend any assurance that the premises are safe for any purpose;

    (2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or

    (3) Assume responsibility for or incur liability as a result of any injury to the person or property caused by an act of omission of the person.
§5–1105. Unless otherwise agreed in writing, the provisions of §§ 5–1103 and 5–1104 of this subtitle are applicable to any duty and liability of an owner of land leased to the State or any of its political subdivisions for any recreational or educational purpose.

§5–1105.1. The provisions of §§ 5-1103 and 5-1104 of this subtitle are:

    (1) Applicable to a unit of local government as an owner of land; and

    (2) In addition to any other common law or statutory defenses or immunities available to a unit of local government or other owner.
§5–1106. The provisions of this subtitle do not limit in any way any liability which otherwise exists for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or for injury suffered where the owner of the land charges the person who enters or goes on the land for recreational or educational use. However, if land is leased to the State or any of its political subdivisions, any consideration the owner receives for the lease is not a charge within the meaning of this section.
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Re: Recreational Use Statutes - State by State

Postby Bob Kuczewski » Wed Apr 07, 2021 8:21 am

Note: The California law (see page 1) has been updated since the original post in January of 2016. This was the old version posted at that time:

Old 846 ... (formerly http://www.leginfo.ca.gov/cgi-bin/displ ... 0-848)
846. An owner of any estate or any other interest in real property, whether possessory or nonpossessory, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on those premises to persons entering for a recreational purpose, except as provided in this section.

A "recreational purpose," as used in this section, includes activities such as fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding, including animal riding, snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study, nature contacting, recreational gardening, gleaning,  hang gliding , private noncommercial aviation activities, winter sports, and viewing or enjoying historical, archaeological, scenic, natural, or scientific sites.

An owner of any estate or any other interest in real property, whether possessory or nonpossessory, who gives permission to another for entry or use for the above purpose upon the premises does not thereby (a) extend any assurance that the premises are safe for that purpose, or (b) constitute the person to whom permission has been granted the legal status of an invitee or licensee to whom a duty of care is owed, or (c) assume responsibility for or incur liability for any injury to person or property caused by any act of the person to whom permission has been granted except as provided in this section.

This section does not limit the liability which otherwise exists (a) for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or (b) for injury suffered in any case where permission to enter for the above purpose was granted for a consideration other than the consideration, if any, paid to said landowner by the state, or where consideration has been received from others for the same purpose; or (c) to any persons who are expressly invited rather than merely permitted to come upon the premises by the landowner.

Nothing in this section creates a duty of care or ground of liability for injury to person or property.
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Re: Recreational Use Statutes - State by State

Postby Bob Kuczewski » Wed Jun 09, 2021 11:25 pm

Wyoming

    From: https://wyoleg.gov/NXT/gateway.dll?f=templates&fn=default.htm

ARTICLE 1 - LIABILITY OF OWNERS OF LAND USED FOR RECREATION PURPOSES

34-19-101. Definitions.

(a) As used in this act:

(i) "Land" means land, including state land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;

(ii) "Owner" means the possessor of a fee interest, a tenant, lessee, including a lessee of state lands, occupant or person in control of the premises;

(iii) "Recreational purpose" includes, but is not limited to, any one (1) or more of the following: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, bicycling, mountain biking, horseback riding and other equine activities as defined in W.S. 1-1-122(a)(iv),  noncommercial aviation activities  and viewing or enjoying historical, archaeological, scenic or scientific sites;

(iv) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land;

(v) "This act" means W.S. 34-19-101 through 34-19-106.


34-19-102. Landowner's duty of care or duty to give warnings.

Except as specifically recognized by or provided in W.S. 34-19-105, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure or activity on such premises to persons entering for recreational purposes.


34-19-103. Limitations on landowner's liability.

(a) Except as specifically recognized by or provided in W.S. 34-19-105, an owner of land, including a lessee of state land, who either directly or indirectly invites or permits without charge any person to use the land for recreational purposes does not thereby:

(i) Extend any assurance that the premises are safe for any purpose;

(ii) Confer upon the person using the land the legal status of an invitee or licensee to whom a duty of care is owed;

(iii) Assume responsibility for or incur liability for any damage or injury to person or property, including to a third party, whether or not on the property, caused by an act or omission of the person using the land.


34-19-104. Application to land leased to state or political subdivision thereof.

(a) Unless otherwise agreed in writing W.S. 34-19-102 and 34-19-103 shall be deemed applicable to the duties and liability of:

(i) An owner of land leased to the state or any subdivision of this state for recreational purposes;

(ii) An owner of land on which the state or any subdivision of the state has an easement for vehicle parking and land access for recreational purposes.


34-19-105. When landowner's liability not limited.

(a) Nothing in this act limits in any way any liability which otherwise exists:

(i) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity, except an owner whose land is adjacent to a national scenic trail designated by the United States congress and who has conveyed an easement across his lands for purposes of a designated national scenic trail shall owe no duty of care to keep the adjacent lands safe or to give any warning of a dangerous condition, use, structure or activity on the adjacent lands. The installation of a sign, other form of warning or modification made to improve safety shall not create liability on the part of an owner of the adjacent land if there is no other basis for liability;

(ii) For injury suffered in any case where the owner of land charges the persons who enter or go on the land for recreational purposes, except that in the case of land leased to the state or a subdivision of this state, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section;

(iii) Under W.S. 1-39-107.


34-19-106. Duty of care, not created; duty of care of persons using land.

(a) Nothing in this act shall be construed to:

(i) Create a duty of care or ground of liability for injury to persons or property;

(ii) Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this act to exercise care in his use of the land and in his activities on the land, or from the legal consequences of failure to employ such care.


34-19-107. User liability for damages.

Any person using the land of another for recreational purposes, with or without permission, shall assume the inherent risk of using the land for recreational purposes and shall be liable for any damage or injury to property, livestock or crops or to a third party, whether or not on the property, caused by the person while on the property.
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