Recreational Use Statute
This law provides protection to landowners for damages or injuries suffered by anyone entering the property for “recreational purposes” (for a full list of what the law defines as ‘recreational purposes,’ CLICK HERE). This law is significant because it reduces the landowner’s duty to others by providing that a landowner owes no greater duty of care to a recreational user than he would to a trespasser, and is not liable for any injury to the person except for injuries caused by willful or wanton acts or gross negligence by the owner, lessee, or other occupant. In addition, even when a landowner is found to be liable for injury, their exposure is limited to the insurance proceeds.
However, in order to take advantage of the protections provided by this law, a landowner must meet the requirements of the statute. Our risk management review encompasses an assessment of the client’s protections under this important law, and makes recommendations to ensure that the client is maximizing the statutory provisions of the recreational statute.
This statute requires “equine professionals” to post a warning notice and to include a warning in contracts with specific language set out in the statute. While the signage requirement only applies to a person providing equine services for compensation, there are benefits to posting a warning notice for non-paying guests as well. At Braun & Gresham, we provide guidance on the protections and limitations provided by the Equine Statute, as well as signage and waiver requirements.
Braun & Gresham also offers maintenance of existing entities as a service to ensure that our clients’ entities operate properly and in compliance with legal requirements. These related services may include serving as a registered agent, assisting with corporate formalities, and calendaring reminders for entity activities.
Posted in: Risk Management