Moss v. Dept. of Natural Resources

404 N.E.2d 742, 62 Ohio St. 2d 138, 16 Ohio Op. 3d 161, 1980 Ohio LEXIS 706
CourtOhio Supreme Court
DecidedMay 7, 1980
DocketNo. 79-433
StatusPublished
Cited by61 cases

This text of 404 N.E.2d 742 (Moss v. Dept. of Natural Resources) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moss v. Dept. of Natural Resources, 404 N.E.2d 742, 62 Ohio St. 2d 138, 16 Ohio Op. 3d 161, 1980 Ohio LEXIS 706 (Ohio 1980).

Opinion

Paul W. Brown, J.

The central issue in this appeal concerns the applicability of R. C. 1533.181 to the facts of this cause. R. C. 1533.181 provides:

“(A) No owner, lessee, or occupant of premises:

“(1) Owes any duty to a recreational user to keep the premises safe for entry or use;

“(2) Extends any assurance to a recreational user, through the act of giving permission, that the premises are safe for entry or use;

“(3) Assumes responsibility for or incurs liability for any injury to person or property caused by any act of a recreational user.”

“Premises” and “recreational user” are defined in R. C. 1533.18, as follows:

“(A) ‘Premises’ means all privately-owned lands, ways, waters, and any buildings and structures thereon, and all state-owned lands, ways, and waters leased to a private person, firm, organization, or corporation, including any buildings and structures thereon.

[140]*140“(B) ‘Recreational user’ means a person to whom permission has been granted, without the payment of a fee or consideration to the owner, lessee, or occupant of premises, other than a fee or consideration paid to the state or any agency thereof, to enter upon premises to hunt, fish, trap, camp, hike, swim, or engage in other recreational pursuits.”

Appellants contend that the state may not use R. C. 1533.181 as a shield in these causes for two reasons. First, appellants argue that the term “premises,” as defined in R. C. 1533.18(A), does not encompass state-owned lands. Second, appellants assert that the Mosses and decedent O’Neal were not “recreational users,” pursuant to R. C. 1533.18(B), because they paid consideration at the parks.

Appellants’ first contention was addressed, and resolved, by this court in McCord v. Division of Parks and Recreation (1978), 54 Ohio St. 2d 72. In 1963, when R. C. 1533.18 and 1533.181 were enacted, this state was immune from tort liability by the doctrine of sovereign immunity. See McCord, supra. R. C. 1533.181 was enacted to create an immunity for private land owners against recreational users.

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Bluebook (online)
404 N.E.2d 742, 62 Ohio St. 2d 138, 16 Ohio Op. 3d 161, 1980 Ohio LEXIS 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moss-v-dept-of-natural-resources-ohio-1980.