MrLuckey said:
I highly doubt that. You may (or most likely not) be immune from from someone getting a settlement from you or your insurance. I seriously doubt that you are immune from spending thousands or tens of thousands of dollars fighting a frivolous lawsuit against someone or some company who might have lawyers on the payroll who have nothing better to do than drag you through the courts until your arse bleeds. (ie insurance companies come to mind).
Have you actually read the statute? Or are you just speaking from the few cases that make the paper where the Courts get it wrong? (The McDonalds and Dominos cases come to mind). There are states where your "most likely not" statement is accurate. However, Ohio is not one of them.
First, the state is on the Defendant's (and insurance company's) side in Ohio - the legislature is in the insurance companies' pocket. Second, the recreational land use statute is designed to encourage people to open their land for free public use. That's the whole point of it.
You're right. They can string it out in court for awhile. But if you want to put in a track, you better be darn sure that you have enough money to make it to summary judgment proceedings.
People can file a suit based on next to nothing as far as evidence - I'm defending one right now. However . . .
It's VERY difficult to win a case as a Plaintiff when the statute clearly prevents your recovery. You have to pull the wool over the judge's eyes and you're still likely to be reversed on appeal.
You know what happens when you win a case like that as the Defendant? If the case is indeed frivolous, then . . .
They have to pay your attorney fees. And, they might have to pay monetary sanctions on top of that for filing a frivolous lawsuit.
The Ohio statute is VERY clear. There is no liability if:
1: You open it to the general public;
2: You don't charge;
3: You don't commit an intentional tort against the injured rider (such as putting up a wire where there wasn't one before or leaving a well uncovered so that they fall into it).
To prove my point, here are the statutes:
1533.18 Premises, recreational user, all-purpose vehicle defined
As used in sections 1533.18 and 1533.181 of the Revised Code:
(A) "Premises" means all privately-owned lands, ways, and waters, and any buildings and structures thereon, and all privately owned and state-owned lands, ways, and waters leased to a private person, firm, or organization, including any buildings and structures thereon.
(B) "Recreational user" means a person to whom permission has been granted, without the payment of a fee or consideration to the owner, lessee, or occupant of premises, other than a fee or consideration paid to the state or any agency of the state, or a lease payment or fee paid to the owner of privately owned lands, to enter upon premises to hunt, fish, trap, camp, hike, swim, operate a snowmobile or all-purpose vehicle, or engage in other recreational pursuits.
(C) "All-purpose vehicle" has the same meaning as in section 4519.01 of the Revised Code.
1533.181 Exemption from liability to recreational users
(A) No owner, lessee, or occupant of premises:
(1) Owes any duty to a recreational user to keep the premises safe for entry or use;
(2) Extends any assurance to a recreational user, through the act of giving permission, that the premises are safe for entry or use;
(3) Assumes responsibility for or incurs liability for any injury to person or property caused by any act of a recreational user.
(B) Division (A) of this section applies to the owner, lessee, or occupant of privately owned, nonresidential premises, whether or not the premises are kept open for public use and whether or not the owner, lessee, or occupant denies entry to certain individuals.
1519.07 Preclusion from liability regarding safety of recreational trail
(A) As used in this section:
(1) "Intentional tort" means an injury to person or property that the tortfeasor intentionally caused, to which the tortfeasor intentionally contributed, or that the tortfeasor knew or believed was substantially certain to result from the tortfeasor's conduct.
(2) "Premises" means a parcel of land together with any waters, buildings, or structures on it that is privately owned and that is directly adjacent to a recreational trail.
(3) "Recreational trail" means a public trail that is used for hiking, bicycling, horseback riding, ski touring, canoeing, or other nonmotorized forms of recreational travel and that interconnects state parks, forests, wildlife areas, nature preserves, scenic rivers, or other places of scenic or historic interest.
(4) "User of a recreational trail" means a person who, in the course of using a recreational trail, enters on premises without first obtaining express permission to be there from the owner, lessee, or occupant of the premises.
(B)(1) An owner, lessee, or occupant of premises does not owe any duty to a user of a recreational trail to keep the premises safe for entry or use by a user of a recreational trail.
(2) An owner, lessee, or occupant of premises does not assume, has no responsibility for, does not incur liability for, and is not liable for any injury to person or property caused by any act of a user of a recreational trail.
(C) This section does not apply to intentional torts.