Personal Injury Law

TBA Journal - Recreation Limits Litigation

By John A. Day

I write a quarterly column on tort law for the Tennessee Bar Journal.  The  column for the May edition of the publication discusses Tennessee's recreational use statute, Tenn. Code Ann. §70-7-101 et seq,

An excerpt:

The Tennessee Supreme Court has interpreted the recreational use statute as one that gives rise to a defense to liability that requires a three-pronged analysis to determine the applicability of the statute: '(1) is the defendant a ‘landowner' under the statute; (2) is the activity alleged a recreational activity as defined by the statute; and if so, (3) are any of the statutory exceptions or limitations to the immunity defense applicable?'  [ Footnote omitted.]

Read the entire article here.

Full post as published by Day on Torts on May 06, 2009 (boomark / email).