Yesterday, Oregon's Court of Appeals ruled that a landowner was not liable for a severe injury to a snowmobiler caused by riding into a cable placed across the driveway. The case highlights Oregon's "recreational use" statute (ORS 105.672-700) and the duty owed landowners to those on their land.
Just because a person gets hurt on the land of another does not mean the injured person has a right to sue the landowner. That applies whether it is a fall at a grocery store, or, as here, a serious injury on a snowmobile. Oregon law divides people into different groups: trespassers, invitees, and licensees. Additionally, Oregon has a specific law that provides landowners immunity from suit if they open their land for recreational use and the injury "arose out of" that use of the land.
For decades recreational use immunity has been important for those of us who want to camp or hike on private forest land, for example. Otherwise, the logical thing is for the landowner to post "no trespassing" signs everywhere.
In this snowmobile lawsuit, the estate of Mr. Stewart argued that although part of the land was open for recreational use, where he got hurt was closed. Therefore, it argued, the landowner was not immune from suit. Instead, it argued that the landowner was negligent for not making the cable more visible or using some other method to block access from the road.
Oregon's court said, in effect, "either way, you lose." If the landowner were not totally immune from suit, then he only owed Mr. Stewart only what he would owe a trespasser. A trespasser may sue a landowner for injury only if the landowner causes the injury "by willful or wanton conduct." A cable across the driveway is not like setting a gun to blow off the head of someone who opens a door. The cable was not placed with the intent to injure anyone.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
