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.
Davis v. 3 Bar F Rodeo (Kentucky)
(Man Killed by Aggravated Bull at Rodeo; Release Signed by Decedent Precluded Negligence Liability Despite Failure to Post Proper Warnings Under Kentucky’s Farm Animals Activities Act; Triable Issues Existed as to Release and as to Whether Aggravating the Bull Amounted to “Gross Negligence”)
The decedent attended a rodeo, and he volunteered to participate in a game called the “Ring of Fear.” The game called for audience members to enter the rodeo ring and stand in marked circles on the ground. A bull was released into the ring, and the winner of the game was the last person standing inside his or her circle in the ring. The winner of the game won $50. The decedent entered the ring to try his luck at the game. It was alleged that before it was released, the bull was angered by someone jabbing him with a wooden object and beating sticks against his cage. After the bull was released, he charged and drove his head into the decedent’s abdomen, lifting him off the ground. After the game, the decedent made his way back into the stands, not knowing that his liver had burst as a result of the incident and that he was bleeding internally. The decedent faded into temporary unconsciousness and died the next morning.
Decedent’s wife brought a wrongful death action against the rodeo operators, alleging negligence. The defendants moved for summary judgment based upon a release the decedent had signed prior to participating. The decedent’s wife filed a cross-motion for summary judgment, asserting that the defendants failed to properly warn her husband of the dangers of the “Ring of Fear” as required by Kentucky statutes as part of the Farm Animals Activities Act (“FAAA”). The trial court granted defendants’ summary judgment, finding that the release was sufficient to exempt them from liability, and the trial court denied plaintiff’s cross-motion for summary judgment. Plaintiff thereafter appealed.
