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Liability Risk and Recreational Use of Land
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Series |
Date |
Author |
Title |
PDF |
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ALTB 04-10 |
May 2004 |
Uchtmann and Endres |
Liability Risk and Recreational Use of Land after Hall v. Henn: Illinois Landowners Beware
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| Abstract |
This
six-page article discusses general principles of liability affecting
a landowner, how the Illinois Recreation Use Act can reduce
a landowner's risk of liability, how a recent Illinois Supreme
Court decision limits the liability protection previously available
from the Act, and how the Hall v. Henn decision has
created a new decision-making framework for landowners when
deciding whether to say “yes” if persons ask to use Landowner's
property for recreational purposes. Landowners should
reassess, perhaps in consultation with their legal advisor and
insurance representative, whether they will continue to make
their lands available to others for hiking, hunting, fishing,
or other recreational purposes. A separate article (titled "Recreational
Use of Land & Liability Risk: Is New Legislation Needed?")
suggested a potential amendment to the Illinois Recreational
Use Act (and is available in the Policy section of farmdoc
at http://www.farmdoc.uiuc.edu/policy/digest/pdfs/policy_irpd-su2004.pdf).
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