State Recreational Use Statutes and Their Applicability To Public Agencies: A Silver Lining or More Dark Clouds?

Authors

  • James C. Kozlowski
  • Brett A. Wright

Keywords:

Recreational use statutes, public entities, liability, governmental immunity, recreational injury litigation.

Abstract

With the demise of sovereign immunity, public park and recreation systems have become increasingly concerned about their susceptibility to legal liability for recreational injuries. State recreational use statutes, where applicable, have been viable defenses against negligence liability. To date, courts in seventeen states have tested the applicability of such statutes to public entities with varying results. This paper provides a framework for understanding the degree of insulation provided by these statutes by examining reported court decisions that have addressed the issue.?

Published

1989-04-04

Issue

Section

Regular Papers