Endurance.Net Ridecamp Archives

Actually D'Arcy is mistaken, in California, if you want to successfully
sue a private property owner for injury on their property while you are
recreating on it, you have to do more than demonstrate negligence, you
have to demonstrate malice as:

"Enacted by the legislature in 1963 to encourage private landowners to
allow the general public to use their lands for recreation, Section 846
provides those owners with immunity from potential liability to
recreational users except under certain conditions.

"There is no immunity (1) if the landowner willfully or maliciously
fails to guard or warn potential users about dangerous conditions on the
land; (2) if permission to enter the property is granted for
consideration; or (3) where the injured party is expressly invited,
rather than merely permitted, to enter the property."

Just so long as you don't charge a fee (that's what "granted for
consideration" means) or issue an express invitation (i.e. people you
have invited become your guests and are no longer considered "the
public").




Here is a good link describing California's Code in this respect:

http://www.americantrails.org/resources/adjacent/CAlandowners.html


"If the end justifies the means, everybody is justified." John G. Beck,
PhD



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