Land Owner/Manger Concerns

Data from: January 2014

Please know: We can not give legal advice, we suggest speaking with a lawyer. However, we can share with you the laws that you should reference when speaking with them.

One of the most common questions that we are asked: “What is someone gets hurt while Geocaching on my property?”

In most areas we have found that land owners/managers have no liability to anyone who is participating in a free recreational activity!

Ohio Revised code 1533.181
http://codes.ohio.gov/orc/1533.181

1533.181 Immunity.
(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.

Kentucky Revised Statutes 411.190
http://www.lrc.ky.gov/Statutes/statute.aspx?id=17787

411.190 Obligations of owner to persons using land for recreation.
(1) As used in this section:
(a) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;

(2) The purpose of this section is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
(3) Except as specifically recognized by or provided in subsection (6) of this section, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for such purposes.
(4) Except as specifically recognized by or provided in subsection (6) of this section, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreation purposes does not thereby:
(a) Extend any assurance that the premises are safe for any purpose;
(b) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or
(c) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of those persons.

Indiana Code 14-22-10-2
http://www.in.gov/legislative/ic/2004/title14/ar22/ch10.html

Restrictions on landowner liability to recreational users
Sec. 2.

(d) A person who goes upon or through the premises, including caves, of another:
(1) with or without permission; and
(2) either:
(A) without the payment of monetary consideration; or
(B) with the payment of monetary consideration directly or indirectly on the person’s behalf by an agency of the state or federal government; for the purpose of swimming, camping, hiking, sightseeing, or any other purpose (other than the purposes described in section 2.5 of this chapter) does not have an assurance that the premises are safe for the purpose.
(e) The owner of the premises does not:
(1) assume responsibility; or
(2) incur liability; for an injury to a person or property caused by an act or failure to act of other persons using the premises.

Again, remember: Provided details are not considered as legal advice. We can not give legal advice.