OKLAHOMA RECREATIONAL LAND USE ACT
An often overlooked statute that provides liability protection for land dedicated for public outdoor recreational purposes is the Recreational Land Use Act found at Title 76 Okla. Stat. §10.1. The purpose of the Recreational Land Use Act is to encourage landowners to make land available to the public for outdoor recreational purposes by limiting their liability to persons entering upon and using their lands and to third persons who may be damaged by the acts or omissions of persons going upon these lands. 76 O.S. §10.1(A). The Act imposes no duty of care to any person who enters or uses land provided for outdoor recreational purposes. 76 O.S. §10.1(B). The Act goes a step further and provides that those who make land available for outdoor recreational purposes are not presumed to make any assurance that the land is safe and will assume no liability for any injury to persons or property who enter onto it. 76 O.S. §10.1(C). There are exceptions, however. If a charge is made for entering or using any part of the land or if any commercial or for-profit activity takes place on the land, then the Act does not apply. 76 O.S. §10.1(D).
Application of the Recreational Land Use Act was considered by Oklahoma courts in 2015. On November 18, 2015, the Oklahoma Court of Civil Appeals decided the case of Sanders, et al v. River Parks Authority, 2016 OK CIV APP 79. This case involved an action brought by the personal representatives of a preacher that was tragically killed on a Tulsa River Parks trail when he was struck on a by a young boy riding a bicycle. The Plaintiffs alleged that the River Parks was responsible for the death due to the negligent design of the trail where the accident occurred, inadequate warning signs, and insufficient supervision at the River Parks trail system. The River Parks Authority asserted no liability under the Recreational Land Use Act. The Plaintiffs contended that the Recreational Land Use Act did not apply because the River Parks Authority imposed various charges, including commercial and for-profit activities.
The Plaintiffs, in this case, identified several charges and commercial activities they believed removed the River Parks from the protection of the Recreational Land Use Act. Specifically cited were licensure of public restaurants along the trails, commercial filming and still photography, rental of the River West Festival Park, and fees charged to event organizers who used the trails for runs, walks, and bike rides.
The Court of Appeals held that the commercial activity identified by the Plaintiffs was unrelated to the land use by those persons involved in the accident. The Court further found that because there was no charge for the use of the trails and their use during events was not exclusive, the River Parks Authority could avail itself of the use of the Recreational Land Use Act’s protections.
For cities, towns, and public trusts in Oklahoma that make land available for outdoor recreational activity, the Recreational Land Use Act should be kept in mind when considering potential liability claims asserted against them by users of the outdoor recreational land.