The recreational use statute in Florida is one echoed in many other states. With few exception, §375.251 holds that a property owner who provides the public with park area or other land for outdoor recreational purposes doesn’t owe a duty of care to keep that land safe for entry or use or to give warning of potentially unsafe conditions. That means generally, even private property owners aren’t liable for personal injuries when they extend use of their land free for recreational purposes.
There is often one big exception: If a charge is made or usually made for entering the park or a certain area or if there is any commercial or other activity that profits from patronage of the general public on the park land, then liability may become an issue.
This was reportedly the situation for an alleged personal injury at a park in Arizona. Here, the Arizona Supreme Court reversed an earlier summary judgment in a personal injury lawsuit favoring a defendant company with rights to an area of a public park where a patron fell and was injured. Continue reading