The “Recreational Use” Statute in Massachusetts
The Massachusetts Recreational Use Statute (Mass. Gen. Laws Ch. 21, § 17C) encourages private landowners to allow the public to use the landowner’s property for recreational purposes. The encouragement is that landowners won’t be subject to premises liability claims (under certain conditions), provided they do not charge a fee for use of the property.
What types of uses does the Massachusetts Recreational Use Statute cover?
Courts interpret ‘recreational purposes’ broadly, and the statute applies to uses such as:
- Recreational purposes
- Conservation purposes
- Scientific purposes
- Educational purposes
- Environmental purposes
- Ecological purposes
- Research
- Religious purposes
- Charitable purposes
Recreational purposes are identified on a case-by-case basis but may include the following activities, among others:
- Hiking
- Bicycle riding
- Fishing
- Hunting
- Sledding
- Swimming
- Other athletic activities
Who is protected by the Massachusetts Recreational Use Statute?
The law protects the following persons (from personal injury or property damage claims), according to Section 17C, who have an interest in:
“Land including the structures, buildings, and equipment attached to the land (including, without limitation, railroad and utility corridors, easements and rights of way, wetlands, rivers, streams, ponds, lakes, and other bodies of water)”
Provided the person:
- Lawfully permits the public to use the land for any of the above purposes
- Does not impose a charge or fee
- Leases such land for said purposes to the commonwealth or any political subdivision thereof or to any nonprofit corporation, trust, or association
The law protects qualified landowners from claims by minors and adults alike, provided the person’s conduct is not willful, wanton, or reckless.
The law also protects qualified landowners from premises liability claims by anyone claiming to be an invitee or a licensee to whom any duty would be owed by said person.
When can landowners be held civilly liable for any accidents that occur on their property?
The Massachusetts Recreational Use Statute does not protect persons from premises liability claims if the landowner:
- Charges a fee to use their property
- Engages in willful, wanton, or reckless conduct
To receive liability protection, the landowner must lawfully permit public recreational or related use of the land without charging a fee. The statute applies broadly to land and related structures, including many outdoor recreational areas and certain improved properties.
Under the statute, the term “owner” includes any person or entity with a legal interest in the land, including agents, managers, licensees, governmental bodies, nonprofit organizations, businesses, and their representatives.
What is a premises liability claim?
A premises liability claim is a personal injury or wrongful death claim filed against a property owner:
- If the property owner owed the person who used their property a duty of care
- The owner breached that duty of care, such as failing to remedy known dangers or failing to inspect their property for dangers
- The breach of the duty of care causes the user injuries or causes the death of the user
The key issue in cases involving harm to a user of private property, when the property is used for the purposes covered by the Massachusetts Recreational Use Statute, is whether the property owner owed the user a duty of care. Generally, the owner owes only a limited duty of care—specifically, to avoid willful, wanton, or reckless conduct—unless they charge a fee.
What damages can accident victims receive if they have a premises liability claim in Massachusetts?
Our Brockton personal injury lawyers seek the following damages if you have a valid premises liability claim:
- All your medical bills of every type by every medical service provider
- Your lost wages, benefits, and business income for as long as you cannot work
- Your daily physical pain and emotional suffering
- Any loss of bodily function
- Any scarring or disfigurement
- The inability to enjoy life’s pleasures
- The loss of consortium
- Any property damage
If a loved one dies and they would have been able to file a premises liability claim, had they survived, we can file a wrongful death action through the personal representative of the estate on behalf of eligible family members.
Additional recreational use statute considerations
According to various Massachusetts cases, the following interpretations of the statute apply:
- Landowners generally owe recreational users only the limited duty not to engage in willful, wanton, or reckless conduct, a standard similar to the duty owed to trespassers.
- Some of the terms, like “recreation,” are not clearly defined, which could mean that a victim might have a claim if the victim could show their use was not recreational. Claimants may still be able to file a product liability claim if a defective product is the cause of their injuries, depending on who manufactured or supplied the product and whether the statute applies to the landowner’s conduct.
Because the statute limits liability, some critics argue it may reduce incentives for landowners to make safety improvements.
The users of property who engage in recreational activities, such as using athletic fields, need to understand the risks. Parents of minors also need to understand the risks.
‘Free’ use significantly limits a landowner’s liability, and claims are generally only viable if the owner’s conduct was willful, wanton, or reckless, or if the statute does not apply.
Contact our Brockton lawyers today
If you or your child was injured while using private property that was held open to the public, you may have the right to file a personal injury claim if the owner of the property charged a fee or their conduct was willful, wanton, or reckless.
Contact The Law Offices of Gerald J. Noonan today to schedule a free consultation. We can explain your rights.