Recreation on Public Land Jeopardized (Connecticut)
(Recent developments in Connecticut case-law appear to reverse past trends and open up public lands to liability for injuries incurred in connection with recreational use by members of the public.)
The Overlawyered blog recently posted an article discussing developments which are opening up public lands to potential liability where protections were once found. This trend could potentially stifle recreational opportunities for state citizens.
Klein v. U.S. (California)
(California Supreme Court rules that the liability shield of California’s recreational use statute did not extend to acts of vehicular negligence.)
The plaintiff was riding a bicycle for recreation on a two-lane paved road in Angeles National Forest in Southern California when he was struck head-on by an automobile driven by a part-time volunteer working for the United States Fish and Wildlife Service. The court ruled that California Civil Code Section 846, which provides that a landowner “owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose” did not extend to acts of vehicular negligence. The Court based its decisions on the plain language of the statute noting that the statutory phrase “keep the premises safe” related to property-based duties underlying premises liability, not including vehicular negligence.
NOTE: The Court’s conclusion was logical based upon the clearly defined duties related to premises liability.
Rivera v. Glen Oaks Village Owner’s, Inc. (New York)
(Off Road Bicyclist Crashes Into Hole in Trail; Recreational Use Statute Immunized Landowner; Assumption of the Risk Also a Viable Defense)
The plaintiff and two friends were riding their bikes on a roadway. They turned off the road and onto a dirt trail located in a two-acre wooded area, which was part of a large residential cooperative community. The trail was approximately 500 feet long and 10 feet wide, and the plaintiff described it as “bumpy.” After traveling about 40 feet on the trail, the plaintiff came upon a hole in the ground, approximately two feet wide and three feet deep. Unable to avoid the hole, the front wheel of the plaintiff’s bicycle went into the hole, causing him to be thrown over the bicycle’s handlebars and into the hole. Plaintiff filed a lawsuit against the landowner based upon the alleged dangerous condition on the premises. The defendant filed a motion for summary judgment based upon New York’s “recreational use statute.” The motion was denied, and the defendant appealed.
