Earlier this month, the Supreme Court of North Dakota issued an opinion in a premises liability case brought by a woman who was seriously injured when she fell to the ground after stepping on a rotten board at a county fairground. In the case, Woody v. Pembina County Annual Fair & Exhibition Association, the court determined that the fairground was not liable because they were entitled to immunity under the state’s recreational use statute.
In general, owners of land have a duty to those whom they invite onto their property to keep the property safe and free of dangerous conditions that may result in serious injury or death. However, there are a few exceptions to this general rule, one of which being when the owner of the land opens up the land for free use to the general public for recreational purposes.
In Florida, the recreational use statute is designed to “encourage persons to make land, water areas, and park areas available to the public for outdoor recreational purposes by limiting their liability.” To do this, the law states that a land owner who opens up his or her land to the general public for recreational use “owes no duty of care to keep that area safe for entry or use by others, or to give warning to persons entering or going on that area of any hazardous conditions, structures, or activities on the area.”