New Search
• - rs'd' - Zo 2r <br /> • 7-0 o/-/2_ <br /> " . sy87 <br /> MEMORANDUM <br /> TO: KKJ <br /> FROM: Jan Londahl <br /> DATE: February 19, 1988 <br /> RE: City Responsibility in Parks Containing Natural Water <br /> Bodies <br /> You have asked that I review the potential for municipal <br /> liability for accidents which occur in natural bodies of water <br /> located within or adjacent to public parks in which no warning <br /> signs or other security measures exist. <br /> In general, recent cases in other jursidictions applying the <br /> common law and recreational use statutes' hold that a <br /> municipality is not liable for drownings or other injuries in <br /> natural bodies of water when the city has not either made water - <br /> related improvements or otherwise assumed responsibility by <br /> providing security measures. <br /> 'Recreational use statutes are intended to encourage private <br /> property owners to allow the general public to use their property <br /> for recreational purposes by limiting the owner's liability for <br /> injuries occurring to those using the property. Oregon's <br /> recreational use statute is discussed in this memorandum. <br /> 2 Grice v. City of Dothan, 670 F. Supp. 318 (M.D. Ala. 1987) <br /> (Pond drowning; no swimming signs posted; recreational use <br /> statute prevents liability); Glover v. City of Mobile, 417 So2d <br /> 175 (Ala. 1982) (River drowning; no liability unless defendant <br /> committed some positive act creating a new hidden danger; water <br /> hazards held not a nuisance.); Cutler v. City of Jacksonville <br /> Beach, 489 So2d 126 (Fla. App. 1986) (Ocean drowning; no <br /> liability for failure to warn of dangers not created by city.); <br /> Hill v. City of Lakeland, 466 So2d 1231 (Fla. App. 1985) ( "A <br /> governmental entity has no duty to warn of a known dangerous <br /> condition which it did not create. "); Stuart v. City of Morgan <br /> City, 504 So2d 934 (La. App. 1987) (Lake accident; no duty to <br /> warn; recreational use statute applied to public landowner.) <br /> Hall v. Lemieux, 378 So2d 130 (La. App. 1979) (Bayou drowning; no <br /> duty to warn.) Leary v. City of Boston, 20 Mass. App. 605, 481 <br /> N.E. 2d 1184 (1985) (Pond drowning; duty for governmental <br /> function; pond not a nuisance.); Stempkowski v. Borough of <br /> Manasquan, 208 N.J. Super. 328, 506 A2d 5 (1986) (Ocean accident; <br /> no liability under N.J. statutes: 4 "There can be no liability of <br /> the municipality for injuries caused exclusively by the action of <br />