Legal Considerations
Planning for recreational opportunities on private land usually includes questions about landowner liability for trail-user accidents. The following comments were extracted from the Appalachian Mountain Club Field Guide to Trail Building and Maintenance. They provide important information on certain legal considerations, but are not a substitute for counsel with an attorney concerning each individual situation.
Many questions about liability center on the concept of negligence, which is partially defined as the failure to prevent hazardous conditions or to warn visitors of hazardous conditions. Recreational users of private land generally fall into three legal categories, with landowners having different obligations for each category. "Trespassers" enter someone's property without invitation, and often in disregard for posted signs. The landowner has no legal duty toward these users, with the possible exception of young children. "Licensees" have been granted permission to use another person's property, but with no benefit of use going to the owner. Many hikers fit into this category when no entrance fees or other benefits are collected. For this category of user, the landowner should warn about unseen hazards, but has no obligation to warn of obvious hazards. A landowner receives a benefit (such as an entrance fee) from "invitees", although this category has also been interpreted to include situations in which land is just open for public use. Landowner responsibilities are much greater for invitees than for the other two user categories. Users must be protected against both known hazards and those that might be discovered during inspection of the land. Many states, including Florida, limit the liability of owners who open trails for public use without collecting fees in an attempt to maintain hikers in the "licensee" category, and to keep landowner liability insurance rates reasonable (ie, Florida Annotated Statute 375.251).
In Closing
Trails represent the landowner's main routes for recreational activities such as walking, sightseeing, horseback riding and bicycling. They provide access to, and through, forest land and other natural resources. They play an important role in protecting and preserving soil, water, plant and animal resources. They can be the source of endless hours of enjoyment and relaxation. Plan your trails wisely, construct them carefully, and then ENJOY them to the fullest.
References
Florida Trail Association, Inc. 1991. Trail Manual of the Florida Trail. 69 p. FTA, P.O. Box 13708, Gainesville, FL 32604.
Hooper, Lennon. 1983. National Park Service Trails Management Handbook. U.S. Dept. Interior. 53 p.
Larsen, D.M. and W. R. Miles. Nature Trails. Agricultural Extension Service, Univ. of Minn. Extension Bulletin #368. 15 p.
Proudman, R.D. and R. Rajala. 1981. AMC Field Guide to Trail Building and Maintenance, 2nd Ed. Appalachian Mountain Club. Boston. 286 p.
Tennessee Division of Parks and Recreation. 1992. Recreation Trails Manual. Tennessee Dept. of Environment and Conservation. 22 p.
U.S.D.A. Forest Service. 1991. Trails Management Handbook. Forest Service Handbook FSH 2309.18.
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