Landowners are Protected from Recreational Use Lawsuits

Posted on October 1 2009 by admin

No matter how stupid Riders and others Recreating on the land are…  See the entire article at the AMERICIAN TRAILS site

The CALIFORNIA STATE WEB SITE WITH THE CIVIL CODE SECTION IS HERE

Specifically it is: California Civil Code Part 2, Title 3, Chapter 2, OBLIGATIONS OF OWNERS 840 – 848

THE ACTUAL SENATE BILL THAT AMENDED THE CIVIL CODE CAN BE FOUND HERE

4. Right to Reimbursement of Legal Fees: California Civil Code § 846.1

Landowners have failed to take advantage of this protection, enacted in 1996. It provides private land owners and public land trusts with the right to seek reimbursement of attorneys’ fees incurred in defending actions brought by recreational users. Up to $25,000 can be paid by the State Board of Control if certain requirements are met.

ANOTHER LITTLE TIDBIT FROM THE SITE

California Civil Code § 846 – Owner’s Liability to Recreational Users.

  • An owner of any estate or any other interest in real property, whether possessory or nonpossessory owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on such premises to persons entering for such purpose, except as provided in this section.
  • A “recreational purpose,” as used in this section, includes such activities as fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding, including animal riding, snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study, nature contacting, recreational gardening, gleaning, hang gliding, winter sports, and viewing or enjoying historical, archaeological, scenic, natural, or scientific sites.

Excerpts from the General Plan Update Frequently Asked Questions and links to Building Forms

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One response to “Landowners are Protected from Recreational Use Lawsuits”

  1. […] THIS and THIS as better protection 3.    Build a fence to protect themselves from liability see THIS and California Civil Code § 846 2.    Fence a property with barbed wire (cattle ranchers now […]