Ohio’s Recreational User Statute – Protects Both Landowner & Injured During Recreational Activities on Private Property
As the seasons change, opportunities for outdoor activities become increasingly abundant. After all, recreational activities, regardless of the season, are meant to spark joy and pleasure for the community. However, whether you enjoy hunting, fishing, or even hosting cookouts and pool parties as with any other activity, these activities also present opportunities for injuries. When this happens, it is important to know what your rights are.
Ohio Revised Code § 1533.181, more commonly known as the Recreational User Statute, protects landowners from liability when a person engaging in recreational activities is injured on their property, but only when certain conditions are present. So, whether you enjoy hunting, fishing, or even hosting friends and family in your backyard, be mindful as you may or may not be protected if someone gets injured on your property.
The immunity provided to landowners through the Recreational User Statute was created to encourage landowners to open their property for recreational activities, such as hunting, fishing, snowmobiling, and other recreational activities.
As an incentive to open their property to such uses, Ohio has provided three limitations on a landowner’s liability. First, landowners do not have any duty to a recreational user to keep the property safe, for entry or use. Second, granting permission to use the property is not a guarantee that the property is safe. Third, the landowner is not liable for injuries or damages sustained by a recreational user.
While this immunity may seem like a blessing or a curse, depending on who you are when injuries happen, it is only available in certain situations. To be protected by the statute, the injured person must qualify as a recreational user. Ohio Revised Code § 1533.181, qualifies a recreational user as a person who:
1. Has permission to enter or use the property;
2. Was not required to pay a fee or other consideration to the owner; and
3. Participates in a recreational activity while on the property.
It is important to remember that permission does not have to be explicit or written. Ohio courts have held that permission can be written or verbal and can be given by acquiescence.
For example, if you enter a park to hike on a trail, you have permission to be there but do not need to be expressly told by a park ranger or anyone else that you are allowed to hike there. In this example, since you entered the park without paying to hike, you would be a recreational user and the state or the owner of the park would not be liable for your injuries.
Recreational activities include hunting, fishing, trapping, camping, hiking, swimming, or operating all-terrain vehicles or snowmobiles. However, this isn’t an all-inclusive list. In Ohio, a recreational activity is potentially any activity that involves nature or the “true outdoors”[i] In plain terms, the activity itself is not the deciding factor, but rather the underlying character of the land in which the activity takes place is what matters.[ii]
The Recreational User Statute can be a sword or a shield in Ohio. Despite its name, the statute is extremely technical and depends on the facts of each case. Not only does the activity matter but the land and/or property itself can greatly impact your ability to receive compensation. As the protections provided under this statute can make or break your case, it is important to speak with an attorney before it is too late.
