A law created to limit liability of private landowners to recreationists does not apply in the case of a child injured at a Salt Lake City park, Utah's Supreme Court has ruled.
The Limitation of Landowners Liability-Public Recreation Act was drafted nationally in 1965 and later adopted by Utah as a recreational-use standard.In practice, the act applies to a private landowner who may allow hunting, fishing, swimming, hiking and the like on his or her property. Among other things, the act provides a limited protection should a visitor be injured or suffer property damage.
Typical criteria for application of the act includes that the land is rural, undeveloped, open to the public free of charge and appropriate for the intended use, among other conditions.
"In contrast, Laird Park, though it is open to the public free of charge, is urban, improved land which is inappropriate for the listed activities (in the statute) and was opened long before the adoption of the act," according to the court's unanimous opinion.
"Moreover, few, if any, of the listed recreational activities - hunting, fishing, swimming, skiing, snowshoeing . . . or enjoying historical, archaeological, scenic or scientific sites - can be conducted in a small city park," the court concluded.
The boy's case was remanded back to the trial court to determine if the Governmental Immunity Act would apply in this instance.
Marc De Baritault had suffered head injuries after he fell while swinging at the park, landing on a cement ridge that encircled the play area, according to the court. The boy's father filed suit against Salt Lake City, charging it with negligent design and construction. The city was granted summary judgment and the father later appealed.