50 STATE SURVEY

50 STATE SURVEY of respective recreational use statutes as of February 2021

We present here PORTIONS of recreational use statutes (RUS) of the 50 states that should be of interest to owners of privately owned, private use airfields. Each listing includes pertinent language regarding aviation. This is an overview. It is highly recommended that you review your state’s statute in its entirety. Words boldface type may be of particular interest to airfield owners.

 

A Typical Recreational Use Statute (RUS)

Below is a composite” Recreational Use Statute that is typical of many states. Generally speaking, a landowner’s liability is limited if others are allowed to use their land for recreational purposes if no fee (consideration) is charged to the user, and there is no malicious intent on the part of the landowner to injure the user. There may be other aspects of the statute that you need to know. Your specific state RUS WILL vary somewhat and should be reviewed in its entirety. We have provided internet links to the various state statutes for your review. We highly recommend that you look up the current and complete language in its Title, Chapter and Subchapter, etc. Links and statutes may change from time to time. Some liability protections for airstrip owners are in statutes other than the state recreational use statutes, and in such cases we have attempted to provide links pertaining to these protections for landowners with airstrips. Links were active as of the last review of these statutes on 2/20/2021. If you have questions, please email contact@theraf.org.

 

“Composite” RUS language. This DOES NOT PERTAIN TO ANY SPECIFIC STATE.

The purpose of this subchapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

An owner of any estate or any other interest in real property, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on those premises to persons entering for a recreational purpose, except as provided in this section.

A recreational purpose,” as used in this section, includes, but is not limited to, such activities as fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding, including animal riding, snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study, nature contacting, recreational gardening, gleaning, hang gliding, private noncommercial aviation activities, winter sports, and viewing or enjoying historical, archaeological, scenic, natural, or scientific sites.

An owner of any estate or any other interest in real property who gives permission to another for entry or use for the above purpose upon the premises does not thereby (a) extend any assurance that the premises are safe for that purpose, or (b) constitute the person to whom permission has been granted the legal status of an invitee or licensee to whom a duty of care is owed, or (c) assume responsibility for or incur liability for any injury to person or property caused by any act of the person to whom permission has been granted except as provided in this section.

This section does not limit the liability which otherwise exists (a) for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or (b) for injury suffered in any case where permission to enter for the above purpose was granted for a consideration.

Nothing in this section creates a duty of care or ground of liability for injury to person or property.

End.

 

Summary

At the time of this posting in February 2021, more than half of the states specifically enumerate aviation activity language in their respective recreational use statutes, or in a separate statute regarding aeronautics, or property classifications. See a list of these state RUS’s that contain aviation language below.  There is variation among the fifty states as to the efficacy of each recreational use statute in its ability to deter lawsuits. In whatever state you are interested, we suggest that you research the cases that have been filed that involved the recreational use statute and the resulting outcomes.

More detailed information and the full language of each state recreational use statute can be found by searching the various state.gov websites.  Some links we have provided may bring you directly to the RUS language. With other links you may need to use the Title, Chapter and Section information provided after clicking on the link.  If a link does not seem to work, try copying and pasting it directly into your browser.  We have done our best to provide links, but just as each recreational use statute is unique, each state has its own evolving method of providing the public with statute information. 

The RAF assumes no responsibility for providing legal advice.

 

States with aviation language in the Recreational Use Statute or other liability limiting statute as of February 2021:

ALABAMA, ALASKA, ARIZONA, ARKANSAS, CALIFORNIA, GEORGIA, IDAHO, KANSAS, MAINE, MASSACHUSETTS, MINNESOTA, MISSOURI, MONTANA, NEW HAMPSHIRE, NEW MEXICO, OKLAHOMA, OREGON, PENNSYLVANIA, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, UTAH, VERMONT, VIRGINIA, WASHINGTON, WEST VIRGINIA, WISCONSIN, WYOMING

 

States with a liberal definition of recreation that do not list specific recreational activities as of February 2021:

ILLINOIS, MARYLAND, NORTH CAROLINA, NORTH DAKOTA