Recreational Use Immunity

Recreational Use Immunity

Recreational Use Immunity

Recreational use statutes limit a landowner's duty to persons entering without charge for recreational purposes, typically to refraining from willful or malicious failure to warn of known dangers.

Immunity is generally lost where a fee is charged.

Alternative Names:

Landowner Recreational Immunity, Recreational Land Immunity

Why it Matters?

These statutes were enacted to encourage landowners to open property for public recreation, and they provide a near-complete defense where they apply. The threshold questions are whether the activity qualifies as recreational under the statute's definition, whether a fee was charged, and whether the entrant's purpose was recreational. Definitions vary enough that the same activity qualifies in one state and not another.

Frequently Confused with

Related terms

Frequently asked questions

What defeats recreational use immunity?

What defeats recreational use immunity?

Charging a fee for entry in most statutes, and willful or malicious failure to warn of known concealed dangers.

Do the statutes cover the same activities everywhere?

Do the statutes cover the same activities everywhere?

No. Covered recreational activities are defined by each statute and vary enough that identical facts produce different results across states.