Indiana landowners have a duty to make sure that their property is safe for the people whom they allow to enter and remain on their property. When a landowner fails to take adequate precautions to ensure a safe area, the injured party can generally seek compensation for their injuries through an Indiana premises liability lawsuit.
Indiana’s recreational use statute, however, limits a landowner’s liability in some situations. Indiana Code, Title 14, Article 22, Chapter 10, Section 14-22-10-2-5 outlines the state’s recreational use statute. Essentially, a landowner who allows others to use his property at no cost for recreational purposes cannot be held liable for any injuries that are caused as a result of the use of their land. Of course, this does not apply if the landowner acts maliciously or willfully causes an injury to someone using their land. A recent case illustrates how a state’s recreational use statute prevented the family of a young boy from recovering compensation for their son’s injuries.
The Facts of the Case
The plaintiff was the father of a boy who was injured while playing on a rope swing adjacent to a government-owned lake. The child was enjoying the rope swing with several friends, and they would take turns swinging from a nearby tree into the water. As the person swinging was in the air, the other children would try to slap his feet before he splashed into the water. When the plaintiff’s friend was swinging, the plaintiff attempted to slap his friend’s feet. However, the two boys collided, resulting in the plaintiff being seriously injured.