August 2022 - Parks & Recreation - 26

LAW REVIEW
Plaintiff Aaron Storm shattered his
vertebrae while sledding down Larson
Park Hill in City of Brookings, South
Dakota, during a family outing.
Recreational Use Immunity for
Dangerous Sledding Hill
By James C. Kozlowski, J.D., Ph.D.
R
ecreational use statutes (RUS) exist in most states. With minor
jurisdictional variations, most of these statutes are based upon a
model state statute from 1965, which provided that a landowner
who opens his land for public recreational use free of charge
owes no legal duty to guard, warn or make the premises reasonably safe
for such use. The landowner, however, will still be liable for willful/wanton
misconduct or gross negligence. Unlike mere carelessness, which typifies
ordinary negligence, willful or wanton misconduct or gross negligence is
much more egregious misconduct characterized by a conscious indifference
and utter disregard for the physical well-being of others.
The legislative intent of the 1965
model RUS was to encourage public
recreation access to private lands
by providing limited immunity for
private landowners against recreational
injury liability. With some
notable exceptions, as illustrated
by the case described herein, courts
in many jurisdictions also have applied
recreational use immunity to
injuries in public parks.
Frequent Sledding
Accidents
In the case of Storm v. City of Brookings,
2022 U.S. Dist. LEXIS 33468
(S.D. 2/24/2022), the Defendant
City of Brookings, South Dako26
Parks & Recreation | A UGUS T 2 0 22 | PARK S ANDRECRE AT ION . OR G
ta (the City), raised the state recreational
use statute as a defense
against negligence liability. In this
case, Plaintiff Aaron Storm shattered
his vertebrae while sledding
down Larson Park Hill (the Hill)
in the City during a family outing.
Storm alleged the City was negligent
and grossly negligent because
" the City knew sledding on the Hill
was dangerous and failed to warn of
the danger or inform the public that
the Hill was closed to sledding. "
In response, the City filed a motion
for summary judgment based
upon the
state
recreational
use
statute which, if granted, would
effectively dismiss Storm's lawsuit.
In determining whether to grant
the
City's motion for summary

August 2022 - Parks & Recreation

Table of Contents for the Digital Edition of August 2022 - Parks & Recreation

August 2022 - Parks & Recreation - Intro
August 2022 - Parks & Recreation - Cover1
August 2022 - Parks & Recreation - Cover2
August 2022 - Parks & Recreation - 1
August 2022 - Parks & Recreation - 2
August 2022 - Parks & Recreation - 3
August 2022 - Parks & Recreation - 4
August 2022 - Parks & Recreation - 5
August 2022 - Parks & Recreation - 6
August 2022 - Parks & Recreation - 7
August 2022 - Parks & Recreation - 8
August 2022 - Parks & Recreation - 8a
August 2022 - Parks & Recreation - 8b
August 2022 - Parks & Recreation - 9
August 2022 - Parks & Recreation - 10
August 2022 - Parks & Recreation - 11
August 2022 - Parks & Recreation - 12
August 2022 - Parks & Recreation - 13
August 2022 - Parks & Recreation - 14
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August 2022 - Parks & Recreation - 16
August 2022 - Parks & Recreation - 17
August 2022 - Parks & Recreation - 18
August 2022 - Parks & Recreation - 19
August 2022 - Parks & Recreation - 20
August 2022 - Parks & Recreation - 21
August 2022 - Parks & Recreation - 22
August 2022 - Parks & Recreation - 23
August 2022 - Parks & Recreation - 24
August 2022 - Parks & Recreation - 25
August 2022 - Parks & Recreation - 26
August 2022 - Parks & Recreation - 27
August 2022 - Parks & Recreation - 28
August 2022 - Parks & Recreation - 29
August 2022 - Parks & Recreation - 30
August 2022 - Parks & Recreation - 31
August 2022 - Parks & Recreation - 32
August 2022 - Parks & Recreation - 33
August 2022 - Parks & Recreation - 34
August 2022 - Parks & Recreation - 35
August 2022 - Parks & Recreation - 36
August 2022 - Parks & Recreation - 37
August 2022 - Parks & Recreation - 38
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August 2022 - Parks & Recreation - 40
August 2022 - Parks & Recreation - 41
August 2022 - Parks & Recreation - 42
August 2022 - Parks & Recreation - 43
August 2022 - Parks & Recreation - 44
August 2022 - Parks & Recreation - 45
August 2022 - Parks & Recreation - 46
August 2022 - Parks & Recreation - 47
August 2022 - Parks & Recreation - 48
August 2022 - Parks & Recreation - 49
August 2022 - Parks & Recreation - 50
August 2022 - Parks & Recreation - 51
August 2022 - Parks & Recreation - 52
August 2022 - Parks & Recreation - 53
August 2022 - Parks & Recreation - 54
August 2022 - Parks & Recreation - 55
August 2022 - Parks & Recreation - 56
August 2022 - Parks & Recreation - Cover3
August 2022 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
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https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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