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.
