The Colorado General Assembly, in order to maximize the recreational and other opportunities available to children amended Part 1 of article 22 of title 13, Colorado Revised Statutes in 2003 to add § 13-22-107. This section provides that the parent of a child may, on behalf of the child, release or waive the child's prospective claim for negligence.
A PA Commonwealth Court decision filed 1/13/2010 pertaining to the Recreational Use of Land and Water Act. The decision is a positive outcome for landowners who make their land available for outdoor public recreation.
An article from The Legal Intelligencer Online highlights a recent ruling securing liability protection for easement holders who have opened land to the public for recreational uses.
Pennsylvania's Act 93 of 2005 provides immunity from liability for particular equine activities under certain conditions.
(print edition of ConservationTools.org guide) An individual or organization’s risk of being held liable for personal injury or property damage may be shifted to another party who agrees to accept the risk and who holds liability insurance or sufficient assets to back up the acceptance of the risk. A release agreement guards against a successful lawsuit by the person signing the release; an indemnity agreement, in contrast, ensures that if some other person sues, the indemnifying party will be responsible for handling the claim.
6 pages. Includes rail-trail case studies.
The risk of being held responsible for injuries or property damage associated with organizing volunteer, educational, recreational and other events and activities (or opening up property for the same) may be minimized by having those who wish to participate sign a release agreement. The Model Release Agreement helps nonprofits minimize these risks. The guide Release of Liability provides commentary for the model. Comments are welcome on how the model might be improved to better serve nonprofits. Contact firstname.lastname@example.org.
A two-page review of the liability protections provided by the Act and court decisions interpreting the Act.
(print edition of the ConservationTools.org guide) Pennsylvania’s Recreational Use of Land and Water Act limits the liability, resulting from personal injury or property damage, of landowners who make their land available to the public for recreation free of charge.
Pennsylvania’s Rails-to-Trails Act (32 P.S. § 5611 ) provides for rail-trails acquired under the Act liability protection similar to that found in PA's Recreational Use of Land and Water Act. It also establishes within DCNR a program to acquire, operate, maintain and develop available railroad rights-of-way for public recreational trail use.
The purpose of the law is to supplement the availability of publicly owned parks and forests by encouraging landowners to allow hikers, fishermen and other recreational users onto their properties. The Recreational Use of Land and Water Act (“RULWA”), found in Purdon’s Pennsylvania Statutes, title 68, sections 477-1 et seq., creates that incentive by limiting the traditional duty of care that landowners owe to entrants upon their land.
Scroll down the table of comments to "Title 68 P.S. Real and Personal Property", Chapter 11 to find the act.
(print edition of the ConservationTools.org guide) Public access to property for recreational uses – such as hiking, bird watching, fishing and hunting – raises concern about the possibility of liability on account of injury to a recreational user. Pennsylvania law provides some protection from liability associated with public use of property for recreational purposes. Also there are practical steps that can be taken to minimize risk of liability.
(print edition of the ConservationTools.org guide) The risk of being held responsible for injuries or property damage associated with organizing volunteer, educational, recreational and other events and activities (or opening up property for the same) may be avoided or minimized by having those who wish to participate sign a release agreement. This risk reduction tool, one of many risk management strategies, is the subject of this guide.