Liability for Premise Defects in Recreational Facilities
Keywords:Recreational, premise defect, tort liability, standard of care, negligence avoidance.
AbstractThe need to minimize hazardous conditions in leisure facilities, thereby avoiding liability arising from premise defects, has resulted from the explosion in personal injury lawsuits against leisure providers. AB a result, practitioners need an increased awareness ofhazard analysis, as well as detailed knowledge of professional and legal standards of care applicable to the design and maintenance of recreational facilities. This article reviews the professional and legal standard of care as derived from professional literature, government standards, prevailing local and regional customs of practice, and case law. The authors draw on professional practice experience as attorney, college professor, park and recreation consultant, and expert witness. A concise explanation of current tort claims statutes is provided along with recommendations to minimize litigation alleging premise defect as proximate cause for a personal wrongful death. The article suggest ways to analyze recreational premises in order to determine the appropriate user protection and safety standards.
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