Combs v. Ohio Dept. of Natural Resources, 2014-Ohio-4025
The case dealt with Ohio Revised Code 1533.181, commonly known as the recreational user statute"
"(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.
(B) Division (A) of this section applies to the owner, lessee, or occupant of privately owned, nonresidential premises, whether or not the premises are kept open for public use and whether or not the owner, lessee, or occupant denies entry to certain individuals."
The Trial Court had found immunity when a person who was on some State property was going to do some fishing and was hit by a stone that was thrown by a lawn-mower that was being operated by a State employee. The Supreme Court of Ohio found that the immunity statute did not apply unless there was actually a defect in the premises. The Court found that, although Combs was a recreational
user, R.C. 1533.181(A)(1) does not immunize ODNR from liability for his injuries.
