Broussard v. Dept. of Transp. & Dev.

539 So. 2d 824, 1989 WL 10714
CourtLouisiana Court of Appeal
DecidedFebruary 8, 1989
Docket87-1276
StatusPublished
Cited by9 cases

This text of 539 So. 2d 824 (Broussard v. Dept. of Transp. & Dev.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Broussard v. Dept. of Transp. & Dev., 539 So. 2d 824, 1989 WL 10714 (La. Ct. App. 1989).

Opinion

539 So.2d 824 (1989)

Thomas G. BROUSSARD, Plaintiff-Appellant,
v.
DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, STATE OF LOUISIANA, Defendant-Appellee.

No. 87-1276.

Court of Appeal of Louisiana, Third Circuit.

February 8, 1989.

*825 Jones, Jones & Alexander, Michael H. Bercier, Cameron, for plaintiff-appellant.

Bertrand & Soileau, Carol S. Hunter, Rayne, for defendant-appellee.

Before DOMENGEAUX, STOKER and DOUCET, JJ.

STOKER, Judge.

The question we consider in this case is whether the tort immunity statutes relative to recreational lands (LSA-R.S. 9:2791 and LSA-R.S. 9:2795) apply to a boat ramp on a small slip leading into the Intracoastal Canal in Cameron Parish, Louisiana.

This is a personal injury case. Plaintiff was injured in the early morning of March *826 10, 1985 when his foot slipped on some algae on a concrete boat launch ramp at Lacassine Refuge in Cameron Parish. Plaintiff sustained a badly broken leg. This suit was instituted to recover damages against the State for its alleged failure to maintain the ramp. The trial court denied the State's motion for summary judgment based on statutory immunity. After a trial on the merits, the trial court rendered judgment in favor of the State based on the statutory immunity provided for owners of undeveloped rural or semi-rural land used for recreational purposes under LSA-R.S. 9:2791 and LSA-R.S. 9:2795. Plaintiff appeals the judgment of the trial court, contending that the trial judge erred in holding that the State was entitled to statutory immunity under LSA-R.S. 9:2791 and LSA-R.S. 9:2795. We affirm.

OPINION

The trial court has provided an excellent analysis of the pertinent law and facts of this case in its written reasons for judgment which we adopt herein as our own and set forth below. It directly addresses most of plaintiff-appellant's arguments on appeal.

"The plaintiff in this case suffered damages from an accident which occurred on a boat ramp owned by the defendant. The defendant claims immunity through R.S. 9:2791 and 9:2795. For easy reference, those two statutes read as follows:

R.S. 9:2791:

A. An owner, lessee, or occupant of premises owes no duty of care to keep such premises safe for entry or use by others for hunting, fishing, camping, hiking, sightseeing or boating or to give warning of any hazardous conditions, use of, structure or activities on such premises to persons entering for such purposes. If such an owner, lessee or occupant give permission to another to enter the premises for such recreational purposes he does not thereby extend any assurance that the premises are safe for such purpose or constitute the person to whom permission is granted one to whom a duty of care is owed, or assume responsibility for or incur liability for any injury to persons or property caused by any act of person to whom permission is granted.
B. This Section does not exclude any liability which would otherwise exist for deliberate and willful or malicious injury to persons or property, nor does it create any liability where such liability does not now exist. Furthermore the provisions of this Section shall not apply when the premises are used principally for a commercial, recreational enterprise for profit; existing law governing such use is not changed by this Section.
The word `premises' as used in this Section includes lands, roads, water courses, private ways and buildings, structures, machinery or equipment thereon.
R.S. 9:2795:
A. As used in this Section:

(1) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty.

(2) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises.

(3) "Recreational purposes" includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, trapping, swimming, boating, camping, picnicking, hiking, horseback riding, bicycle riding, motorized vehicle operation for recreation purposes, nature study, water skiing, ice skating, sledding, snow mobiling, snow skiing, summer and winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites.

(4) "Charge" means the admission price or fee asked in return for permission to use lands.

(5) "Person" means individuals regardless of their age.

B. (1) Except for willful or malicious failure to warn against a dangerous condition, use, structure, or activity, an owner of land, except an owner of commercial recreational developments or facilities, who permits with or without charge any person to use his land for *827 recreational purposes as herein defined does not thereby:

(a) Extend any assurance that the premises are safe for any purposes.
(b) Constitute such person the legal status of an invitee or license to whom a duty of care is owed.
(c) Incur liability for any injury to person or property incurred by such person.
(2) The provisions of the Subsection shall apply to owners of commercial recreational developments or facilities for injury to persons or property arising out of the commercial recreational activity permitted at the recreational development or facility that occurs on land which does not comprise the commercial recreational development or facility and over which the owner has no control when the recreational activity commences, occurs, or terminates on the commercial recreational development or facility.

C. Unless otherwise agreed in writing, the provisions of Subsection B shall be deemed applicable to the duties and liability of an owner of land leased for recreational purposes to the federal government or any state or political subdivision thereof or private persons.

D. Nothing in this Section shall be construed to relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this Section to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.

E. The limitation of liability provided in this section shall apply to any lands or waterbottoms owned, leased, or managed by the Department of Wildlife and Fisheries, regardless of the purposes for which the land or waterbottoms are used, and whether they are used for nonrecreational purposes.

"The pertinent facts, uncontested, can be briefly stated. The plaintiff, Thomas Gilman Broussard, traveled to Cameron Parish, Louisiana, on the morning of March 10, 1985 for a fishing excursion with a friend. The two arrived at approximately 6:00 a.m. at the location where their fishing craft would be launched. Their plans were to make use of a ramp provided by the State of Louisiana, defendant herein. The ramp is a simple concrete structure, offering boaters a sloped, hard surface on which boat trailers, still attached to a vehicle, can be eased down to or near the water level thereby facilitating the launching or recovering of a trailer—borne vessel. This particular ramp gave access to a small slip or ditch which in turn was connected to the Intracoastal Canal. The location is almost directly beneath a high-rise, immovable bridge which is the traverse point of Louisiana Highway 27 with the Intracoastal Canal.

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Cite This Page — Counsel Stack

Bluebook (online)
539 So. 2d 824, 1989 WL 10714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broussard-v-dept-of-transp-dev-lactapp-1989.