Landis v. Limbaugh

Recreational immunity under ORS 105.682 does not apply to land that is generally available for public use.

Plaintiff appealed summary judgment in favor of Defendant, Washington County.  Plaintiff’s claim arose after she fell and injured herself on a sidewalk in Washington County.

Washington County argued that it had recreational immunity under ORS 105.682, which bars ordinary tort claims against a landowner who makes the land available to others for recreational purposes.  Alternatively, Washington County argued that it was not the landowner, but simply had an easement on the land.

The Court held that recreational immunity requires a landowner to do something in order make the land available for a specified recreational use in exchange for the limited liability.  Recreational immunity therefore does not apply where the land is “already available for general public use.”  The Court also held that Washington County was the fee owner of the land, and had not merely been granted an easement by the former landowner.

Reversed and remanded.