What Is The Missouri Recreational Land Use Act?
Ryan Bradley | February 20, 2014 | About the Firm
The Missouri Recreational Land Use Act (known as RUA) is a Missouri law which creates tort immunity for landowners that open their land to the public free of charge for recreational use.Missouri accident attorneys must consider this law when representing injured persons who have been sustained damageswhile engaging in outdoor activities on private land. Except as provided in Missouri statute 537.345 to 537.348, Missouri statute 537.346 states an owner of Missouri land owes no duty of care to any person who enters on his land without charge to keep the land safe for recreational use or to give any general or specific warning with respect to any natural or artificial condition, structure or personal property located thereon.
- What is considered recreational use under the Missouri Recreational Land Use Act?
The RUA defines “recreational use” as “hunting, fishing, camping, picnicking, biking, nature study, winter sports, viewing or enjoying archaeological or scenic sites or other similar activities undertaken for recreation, exercise, education, relaxation, or pleasure on land owned by another.” This is very broad and would cover most any outdoor activity. An accident attorney should evaluate the facts of your individual case to determine whether or not the RUA would apply to your case.
- When can a landowner be liable for damages under the Missouri Recreational Land Use Act?
Landowners may incur liability for malicious or grossly negligent failure to guard or warn the public against a dangerous condition or for injuries to a person who has paid a fee to enter and use the land.Landowners may also incur liability for injuries occurring on or in any land within the boundaries of a city or town, a swimming pool, any residential area, or any noncovered land. Under the RUA, a “residential area” is defined as “a tract of land of one acre or less predominately used for residential purposes, or a tract of land of any size used for multifamily residential services.”
If you or a family member is injured while engaging in an outdoor activity on private land, consult with a Missouri personal injury attorney for advice about whether the RUA is applicable to your case.
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