Earlier this week, an appellate court in New Hampshire issued a written opinion in a personal injury lawsuit alleging that a town was liable for injuries sustained by the plaintiff while playing near a lake that was owned by the town. The case presents relevant issues for Washington, D.C. personal injury victims insofar as it discusses the state’s recreational use statute, which bears a close resemblance to other recreational use statutes in states like neighboring Maryland and Virginia.
The plaintiff’s son was playing with a group of friends in a lake that was owned and maintained by the town where the lake was located. The plaintiff’s son was waiting near the water while his friend used a rope swing to fling himself into the water. The plaintiff’s son was attempting to slap the feet of his friend before he reached the water, when the two boys collided, causing the plaintiff’s son to sustain serious injuries.
The plaintiff filed a premises liability lawsuit against the town, claiming that it was negligent in allowing the presence of the rope swing and in failing to place warning signs. The town responded by asserting recreational use immunity. Recreational use statutes apply to landowners who open up their property for the general enjoyment of others, and they confer immunity from some personal injury lawsuits that occur as a result of the use of the property.