Recreational Use Statutues: Part Two

Last week I touch upon statutes designed to limit liability of property owners whose property is used for recreational purposes. Today I will survey briefly some of those Idaho statutes.

36-1604. LIMITATION OF LIABILITY OF LANDOWNER

This statute is broad in its scope and application to the use of land that is used for recreational purposes for which there is no charge. The definitions are broadly constructed to include owner to be basically anyone who owns, leases occupies or is in control of land. Recreational purposes is defined by no less than twenty nine separate activities but is not limited to those listed. No duty is owed to those using such lands to warn of danger or to maintain land in a safe condition. Any effort to warn or maintain cannot be construed as creating any legal duty or obligation to anyone using the land for recreational purposes.

6-1502. LIABILITY TO FIREWOOD GATHERERS

This statute applies specifically to forest land. Any owner of forest land is not liable to anyone sustaining injuries or damages suffered when the purpose of entry on the land is the gathering of firewood. However, is the damage or injury is caused by the gross negligence, recklessness or intentional misconduct of the owner, the owner may be held liable.

6-1205. DUTIES OF PARTICIPANTS

This statute actually places duties and responsibilities upon those participating in any sort of activity that for which guides or outfitters are engaged. Idaho apparently has an outfitters and guide board the rules and requirements are enacted and found at chapter 21, title 36 of the Idaho Code. The duties outlined for participants are that they will not interfere with the running of the operation of an outfitter or guide’s activities that conform to Idaho’s guide and outfitters statute, use facilities or equipment where the participant lacks sufficient ability or requested and received sufficient training to permit safe usage, to refrain from harmful, willful or negligent conduct that would contribute to or cause injury to another, or to embark on any sort of self-initiated activity without first informing the outfitter or guide and receiving permission from the outfitter or guide to engage in such self-initiated activity.

Bob Jacobson is a personal injury attorney in Boise, ID