Quote:
Originally Posted by kittygilchrist
I don't think these sources are situations similar to ours. We are not "allowing" recreational use of our land to the public. ??
|
You are allowing walkers, bikers, etc. on lawns in the Villages as there are no fences blocking them and the Villages management would probably have "No Trespassing" signs taken down as they are rather tacky and would not fit the aesthetic of the Villages. Hiking, dog walking, jogging, etc. would PROBABLY count as "recreational uses" as would a person coming onto your lawn to retrieve a golf ball. We live near many golf courses, walking trails, multi-use trials, etc.
I did not do a Florida case law search on this but if you read the sites I linked it does look like you would IN GENERAL not be liable for a dog walker, biker, etc. who falls and injures herself on your property, unless you contributed to causing that injury. Like hosing down a dog walker and then that person getting sick because he is all wet and the temperature is low. Or hosing down a bicyclist, her crashing her bike because of this, and then her breaking a leg or whatever.
Here is a Florida case that might be of interest--
http://asci.uvm.edu/equine/law/cases/land/dyals.htm The passenger of a driver who crashed was killed when the driver ran into some hidden stumps in a landowner's yard. These were hidden and should have been removed by a negligent landowner.
http://asci.uvm.edu/equine/law/cases/land/land.htm