Florida has hundreds of thousands of acres of beautiful outdoor areas that are perfect for a number of recreational activities, including hiking, boating, hunting, and biking. However, much of this land is owned by various government entities or by private citizens. In the interest of persuading landowners to open up their land for the general recreational use of the public, Florida lawmakers passed Florida Statute 375.251, the Florida recreational use statute.
The recreational use statute encourages landowners to allow members of the public to use their land by preventing anyone who is injured while using a landowner’s property from holding the landowner responsible for any injuries sustained. Importantly, the immunity conferred by the recreational use statute is not absolute, and immunity will not attach if the landowner charges a fee to use or access the land, or if the landowner engages in “deliberate, willful, or malicious” conduct.
A recent case illustrates how one court strictly interpreted a similar recreational use statute, rejecting the plaintiffs’ claim against a stadium where their daughter was seriously injured.