In general, property owners and managers are bound by law to ensure lawful guests – particularly consumers and members of the public – are reasonably safe from foreseeable harms on that property.
However, there is one major exception, and it’s important to understand when it might apply. It’s called the “Recreational Use Statute,” and every state has one. In Florida, it’s codified in F.S. 375.251. The intention is to compel large land owners to allow public use of their property for recreational purposes by significantly reducing any potential liability he or she might face for injury by those guests.
Florida’s recreational use statute states that no land owner or lessee who provides the public with a park area or land for outdoor recreation cannot be presumed to extend any assurance that the area, land or water is safe for any purpose. The term “outdoor recreational purposes” can include (but isn’t limited to) activities that include things like swimming, boating, hiking, picnicking, motorcycling, pleasure driving, hunting and more. Continue reading →