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Trinidad v. Capitol Indemnity Corporation, 2009 WI 8; 315 Wis. 2d 324; 759...
Nelly De La Trinidad, Individually, and as Special Administrator of the Estate of Elizabeth Callejas-De La Trinidad, Deceased, and Victor Leonardo Aguilar-Hernandez, and Luz Maria Torres-Sanches,...
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Tennessee Recreational Use Statute
Tennessee Recreational Use Statute Title 70 Wildlife Resources Chapter 7 Liability for Activities Part 1 Liability of Landowner to Persons Using Land GO TO THE TENNESSEE ANNOTATED STATUTES ARCHIVE...
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Morgan v. State of Tennessee, 2004 Tenn. App. LEXIS 62
Morgan v. State of Tennessee, 2004 Tenn. App. LEXIS 62 Evelean Morgan v. State of Tennessee No. M2002-02496-COA-R3-CV COURT OF APPEALS OF TENNESSEE, AT NASHVILLE 2004 Tenn. App. LEXIS 62 November 3,...
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Suit against a city for construction retaining wall in City Park identifies...
Remember each state (and sometimes city) has different state immunity acts. This analysis only applies to Dallas Texas. What is interesting is city could be held liable for gross negligence. Mitchell...
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75 Ft waterfall, middle of the night, no lights and a BAC of .18% results in...
Tennessee’s duty to protect its citizens more than its duty to safety to invitees to its state parks is refreshing. Morgan v. State of Tennessee, 2004 Tenn. App. LEXIS 62 State: Tennessee Court of...
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Decision explains the liability in New Hampshire of a land owner allowing...
Reed v. National Council of the Boy Scouts of America, Inc., 2010 DNH 18; 706 F. Supp. 2d 180; 2010 U.S. Dist. LEXIS 9236 Decision was a rare case were lawsuit was not brought until after the injured...
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Garreans, Jr., v. City of Omaha, 216 Neb. 487; 345 N.W.2d 309; 1984 Neb....
Garreans, Jr., v. City of Omaha, 216 Neb. 487; 345 N.W.2d 309; 1984 Neb. LEXIS 942 John Garreans, Jr., a minor, by his next friend and father, John Garreans, Sr., et al., Appellees, v. City of Omaha, a...
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Nebraska Recreational Use Statute
§ 37-730. Limitation of liability; purpose of sections. The purpose of sections 37-729 to 37-736 is to encourage owners of land to make available to the public land and water areas for recreational...
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Fees are charged, recreation is happening, but can the recreational use act...
The grandparents were charged to camp at a city park, the plaintiffs, grandchildren, were not charged to be in the park so the Nebraska Recreational use act provides immunity. Garreans, Jr., v. City of...
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Oregon Recreational Use Statute
Oregon Statutes Title 10. PROPERTY RIGHTS AND TRANSACTIONS Chapter 105. Property Rights PUBLIC USE OF LANDS Current through 2015 Regular Session, Acts 2 through 49, 51 through 187, 189 through 204, 206...
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Stringer v. United States Department of Agriculture, 2014 U.S. Dist. LEXIS...
Stringer v. United States Department of Agriculture, 2014 U.S. Dist. LEXIS 150168 Daniel T. Stringer, Plaintiff, v. United States Department of Agriculture (Forest Service), Defendant. Civ. No....
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Oregon Recreational Use Statute used by US Forest Service to stop claim by...
Case does an excellent job of explaining the requirements that must be met to support a motion to dismiss. Stringer v. United States Department of Agriculture, 2014 U.S. Dist. LEXIS 150168 State:...
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Wisconsin Recreational Use Statute
Wisconsin Recreational Use Statute Chapter 895. Damages, Liability, and Miscellaneous Provisions Regarding Actions in Courts Subchapter II Exemptions From, and Limitations On, Liability Go to the...
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Washington Recreational Use Statute
Title 4 Civil Procedure Chapter 4.24 Special Rights of Action and Special Immunities Rev. Code Wash. (ARCW) § 4.24.200 (2016) 4.24.200. Liability of owners or others in possession of land and...
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Johnson v. Gibson, 358 Ore. 624; 369 P.3d 1151; 2016 Ore. LEXIS 129
Johnson v. Gibson, 358 Ore. 624; 369 P.3d 1151; 2016 Ore. LEXIS 129 Emily Johnson, Plaintiff, v. Scott Gibson and Robert Stillson, Defendants. SC S063188 SUPREME COURT OF OREGON 358 Ore. 624; 369 P.3d...
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Oregon Supreme Court decision says protection afforded by the OR Recreational...
How this will affect Federal Lands I don’t know. Federal volunteer statutes and state volunteer statutes may provide some protection. However, you are now liable for volunteer work you might have done...
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Oregon Governor signs bill amending the Oregon Recreational Sue statute...
The Oregon Supreme Court has interpreted the Oregon Recreational Use Statute to only apply to the landowner, not anyone else on the land. See Oregon Supreme Court decision says protection afforded by...
View ArticleRhode Island Recreational Use Statute
General Laws of Rhode Island TITLE 32. PARKS AND RECREATIONAL AREAS CHAPTER 6. PUBLIC USE OF PRIVATE LANDS — LIABILITY LIMITATIONS R.I. Gen. Laws § 32-6-1 (2017) § 32-6-1. Purpose of chapter §...
View ArticleRoy v. The State of Rhode Island et al., 139 A.3d 480; 2016 R.I. LEXIS 88
Roy v. The State of Rhode Island et al., 139 A.3d 480; 2016 R.I. LEXIS 88 Dawn K. Roy, in her capacity as the administratrix of the estate of Brett A. Roy, et al.1 v. The State of Rhode Island et al. 1...
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This is a hard case–hard not in the sense that it is legally difficult or...
We do what we must, for ‘it is the duty of all courts of justice to take care, for the general good of the community, that hard cases do not make bad law. Roy v. The State of Rhode Island et al., 139...
View ArticleStone Mountain Memorial Association v. Amestoy, 337 Ga. App. 467; 788 S.E.2d...
Stone Mountain Memorial Association v. Amestoy, 337 Ga. App. 467; 788 S.E.2d 110; 2016 Ga. App. LEXIS 358 Stone Mountain Memorial Association v. Amestoy. A16A0056. COURT OF APPEALS OF GEORGIA 337 Ga....
View ArticleGeorgia Recreational Use Statute
OFFICIAL CODE OF GEORGIA ANNOTATED TITLE 51. TORTS CHAPTER 3. LIABILITY OF OWNERS AND OCCUPIERS OF LAND ARTICLE 2. OWNERS OF PROPERTY USED FOR RECREATIONAL PURPOSES § 51-3-20. Purpose of...
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Non-governmental park not liable under Georgia Recreational Use Statute...
Because cyclists failed to look up and did not see the barricades in time, does not change the fact the barricades were visible for hundreds of feet. Stone Mountain Memorial Association v. Amestoy, 337...
View ArticleNew Hampshire Recreational Use Statute
New Hampshire Recreational Use Statute Title XVIII Fish and Game Chapter 212 Propagation of Fish and Game Liability of Landowners RSA 212:34 (2017) 212:34. Duty of Care. I. In this section: (a)...
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No matter who created the activity or the risk on Town’s land, using the risk...
Besides if you stand in front of a rope swinging when someone is using it attempting to slap the swinger’s feet as he goes by, and you get flattened by the swinger you should not be able to recover....
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