May 2024 - Parks & Recreation - 28

LAW REVIEW
An ongoing legal issue in public
parks and recreation has been the
scope and applicability of limited
governmental immunity under a state
recreational use statute.
Promenade Commuter Challenges
Recreational Use Immunity
By James C. Kozlowski, J.D., Ph.D.
A
s illustrated by the court opinion described herein, an ongoing
legal issue in public parks and recreation has been the scope
and applicability of limited governmental immunity under a
state recreational use statute. In 1965, the Council of State
Governments drafted a model Recreational Use Statute (RUS) that since
has been adopted in various forms in dozens of states. Under the generic
model RUS, a landowner who opens the land for public recreational use
free of charge owes no legal duty to guard, warn or make the premises reasonably
safe for recreational users. Accordingly, the landowner is immune
from negligence liability. There is, however, an exception to RUS immunity
where the landowner will be liable for gross negligence, willful/wanton
misconduct or recklessness causing injury to recreational users.
In the case of Mayor v. Wallace,
2024 Md. App. LEXIS 76 (Md.
App. 2/1/2024), Plaintiff Jamie
Wallace was injured on the " Waterfront
Promenade, " an eightmile
public pedestrian walkway
and shared-use bicycle path that
28 Parks & Recreation | MAY 2 0 2 4 | PARK S ANDRECRE AT ION . OR G
functions as a waterfront sidewalk
for development sites and
public spaces.
On June 19, 2018, Wallace was
riding her bicycle through the Waterfront
Promenade, located in Baltimore
City on the south side of
the Inner Harbor Marina near 402
Key Highway, on her way home
from work. While she was cycling,
the wheel of her bicycle became
stuck in a gap between the granite
bulkhead and brick pavers. She was
ejected from her bicycle and fell
into the Harbor. Wallace sustained
multiple injuries, including a wrist
contusion, abrasions to both legs
and a laceration to her right knee.
Wallace testified that on the evening
of the accident, she left work
and took her usual path home on
her bicycle. When she entered the
promenade, she noticed a lot of activity
and that it was very crowded.
She decided to veer toward the right
side of the promenade to avoid pedestrians;
and while she was riding,

May 2024 - Parks & Recreation

Table of Contents for the Digital Edition of May 2024 - Parks & Recreation

May 2024 - Parks & Recreation - Intro
May 2024 - Parks & Recreation - Cover1
May 2024 - Parks & Recreation - Cover2
May 2024 - Parks & Recreation - 1
May 2024 - Parks & Recreation - 2
May 2024 - Parks & Recreation - 3
May 2024 - Parks & Recreation - 4
May 2024 - Parks & Recreation - 5
May 2024 - Parks & Recreation - 6
May 2024 - Parks & Recreation - 7
May 2024 - Parks & Recreation - 8
May 2024 - Parks & Recreation - 9
May 2024 - Parks & Recreation - 10
May 2024 - Parks & Recreation - 11
May 2024 - Parks & Recreation - 12
May 2024 - Parks & Recreation - 13
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May 2024 - Parks & Recreation - 18
May 2024 - Parks & Recreation - 19
May 2024 - Parks & Recreation - 20
May 2024 - Parks & Recreation - 21
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May 2024 - Parks & Recreation - 24
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May 2024 - Parks & Recreation - 26
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May 2024 - Parks & Recreation - 28
May 2024 - Parks & Recreation - 29
May 2024 - Parks & Recreation - 30
May 2024 - Parks & Recreation - 31
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May 2024 - Parks & Recreation - 33
May 2024 - Parks & Recreation - 34
May 2024 - Parks & Recreation - 35
May 2024 - Parks & Recreation - 36
May 2024 - Parks & Recreation - 37
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May 2024 - Parks & Recreation - 40
May 2024 - Parks & Recreation - 41
May 2024 - Parks & Recreation - 42
May 2024 - Parks & Recreation - 43
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May 2024 - Parks & Recreation - 45
May 2024 - Parks & Recreation - 46
May 2024 - Parks & Recreation - 47
May 2024 - Parks & Recreation - 48
May 2024 - Parks & Recreation - 49
May 2024 - Parks & Recreation - 50
May 2024 - Parks & Recreation - 51
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May 2024 - Parks & Recreation - 53
May 2024 - Parks & Recreation - 54
May 2024 - Parks & Recreation - 55
May 2024 - Parks & Recreation - 56
May 2024 - Parks & Recreation - Cover3
May 2024 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
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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