Earlier this month, a state appellate court issued a written opinion in a personal injury case requiring the court to interpret and apply the state’s recreational use statute. Ultimately, the court interpreted the statute as written to confer immunity to the defendant landowner, so the plaintiff’s case was dismissed. While the case was brought in a different state, it discusses concepts that may be relevant to Indiana premises liability claim.
Under Indiana Code section 14-22-10-2-5, landowners who open up their land so that the general public can enjoy various recreational activities are not liable if someone engaging in a recreational activity is hurt while on the landowner’s property. However, the statute only confers immunity if the landowner does not require payment for the use of their land. Moreover, if the landowner’s conduct is malicious or constitutes an illegal act, immunity will not attach.
The Facts of the Case
The plaintiffs in the case mentioned above were the parents of a young girl who fell through the bleachers at a youth football game. In order to get into the game, the plaintiffs were required to pay the $2 admission fee; however, there was no fee for children under six years old. As a result of her fall, the plaintiffs’ daughter was seriously injured, and the plaintiffs filed a premises liability lawsuit against the city that owned and operated the stadium.