![]() ![]() of Natural Resources, 7 the Ohio Supreme Court offered some guidance. ![]() The next element of the definition is the lack of “payment or fee” paid to use the property. Many parks are open to the public free of charge. And many others charge rental fees for cabins, meeting spaces and equipment. When is a rental fee considered an admittance fee by courts, such that immunity is not available to the owner under this statutory scheme? 6 Keeping in mind that the landowner must prove that the immunity applies, this cautious park manager would need to show that the injured party had permission to enter the property the more direct evidence that the injured party was on the premise with permission the better. Consider conspicuous signage welcoming people to hiking trails and swimming areas or detailed website information about recreational events and activities on the property. ![]() A cautious park manager would inquire what kind of permission is necessary. A growing number of courts have determined that permission can be either express (e.g., written invitation, telling someone in person) or through acquiescence. 5Īn astute reader would note that a recreational user must have permission to enter the premises. “Recreational user” means a person to whom permission has been granted, without the payment of a fee or consideration to the owner, lessee, or occupant of a premises, other than a fee or consideration paid to the state or any agency of the state, or the payment of fee paid to the owner of privately owned lands, to enter upon premises to hunt, fish, trap, camp, hike, or swim, or to operate a snowmobile, all-purpose vehicle, or a four-wheel drive motor vehicle, or to engage in other recreational pursuits. Let’s start with a seemingly basic question: who qualifies as a recreation user? The law defines these users very broadly: 4 Together, these legal protections provide significant incentives for landowners to make their lands available for recreational pursuits. But in order to be protected, landowners – particularly public entities with many recreational resources – must consider the nuances of these laws. Recreational user immunity laws limit a landowner’s liability for injuries and damages to recreational users in three ways. First, these statutes modify traditional legal duties owed to invitees to nonresidential property providing that the landowner does not owe “ any duty to a recreational user to keep the premises safe for entry or use” 2 Next, the law informs users that permission to enter property does not create an “assurance that the premises are safe.” 3 And finally, the landowner is not liable for the injuries caused by recreational user. 1533.18, et seq., to “encourage users of premises suitable for recreational pursuits to open their lands to public use without fear of liability.” 1 Many municipalities, colleges and universities, and other landowners are often unaware these protections exist and have not considered them when deciding whether to encourage people to experience the natural beauty of Ohio’s campuses, parks, lakes, trails and forests. Lawmakers passed Ohio’s Recreational User Immunity Statutes, R.C. For more than 50 years, Ohio law has encouraged outdoor recreation by providing significant liability protections to landowners who permit hunting, fishing, camping, swimming and other recreational activities on their nonresidential property without charging an entry fee. ![]()
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