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Recreational User Immunity

DEFINITION

Term that refers to legal immunity for property owner’s where visitors or residents of the property are injured from the recreational use of the property.

EXPLANATION

The concept of recreational user immunity provides one exception to a landlord’s liability for individuals on the property: Owners do not have a duty of care in maintaining the premises in a manner that is safe for land use for recreational purposes. This applies for guests or residents.

Therefore, when tenants, guests, and/or neighbors use a recreational portion of the property, they are liable for themselves and any injuries that occur.

For example, if a tenant uses a swimming pool on the property and injures himself while jumping off the diving board, the landlord cannot be held liable.

The law does not extend to a landlord’s willful failure or intentional desire to inflict pain or suffering, however.

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