...private landowners who allow open access to their property enjoy near absolute immunity from liability for recreational injuries based on state recreational use statutes.
LANDOWNER LIABILITY for INJURIES
http://www2.borough.kenai.ak.us/planningdept/Trail%20Commission/Topics/TrailTopic4_Liability.htmThis is the fourth in a series of information sheets prepared for the Kenai Peninsula Borough Trails Commission. The information presented is intended to introduce topics of concern in trails planning.
If I open my land up to public recreational use, would I be liable for damages if a recreationist suffers any injury?
Two liability experts, Dr. Ron Kaiser and Dr. Brett A. Wright of George Mason University's Center for Recreation Resources Policy, conducted a review of state statutes and selected court cases from across the nation for the U.S. Soil Conservation Service. They found that private landowners who allow open access to their property enjoy near absolute immunity from liability for recreational injuries based on state recreational use statutes.
They found that "...landowners allowing free access to their property have no obligation to inspect the property to discover hidden dangers, warn recreationists of hidden dangers, keep the property safe for recreationists' use or provide assurance of safety to those users. That means these users, such as hunters, fishermen or others, will likely be responsible for any injuries or other harm suffered on private land, Kaiser said."
In addition, Drs. Kaiser and Wright identified a total of only 380 appellate cases in the 50 states involving recreational statutes in the ten-year period 1982-1992. These cases involved both publicly and privately-owned land whose owners were generally not found responsible for any injuries; the "success rate" for the plaintiffs was only 23 percent.
According to the Alaska State Parks & Outdoor Recreation Department, 1992 Recreation Preference Survey, nearly 95 percent of Alaska residents rate hiking and walking as their second favorite activity. Walking, jogging, and bicycling are the outdoor activities most frequently enjoyed by the residents. Fishing (first ranked), hunting, canoeing, dog mushing, snowmobiling, cross-country skiing, and other outdoor activities which depend on trails are also important activities to residents and visitors.
While many trails are located on publicly owned land, other trails cross private property with or without the property owner’s permission. Because land status and uses can easily change, many private and public groups are working to dedicate routes for existing trails and to protect land for future trails.
Liability insurance premiums for commercial recreational providers have risen in the last decade but appear to be fueled by the fear of the unusual multi-million dollar lawsuits experienced in the medical and product liability fields. However, expert opinions from around the nation say the "so-called liability crisis" is more mythical than real; landowners who allow public access to their property enjoy near absolute immunity from liability for recreational injuries as determined by their state recreational use statute.