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Attorney, POS Director
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Attorney, POS Director
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Parks and Open Space
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which the accident occurred was provided with lifeguards. <br /> There are no Oregon appellate cases which directly address <br /> the issue of municipal liability in connection with injuries in <br /> natural bodies of water. Oregon has, however, enacted a <br /> recreational use statute which further limits potential <br /> liability. ORS 105.655 to 105.680 is intended to "encourage <br /> owners of land to make their land available to the public for <br /> recreational purposes by limiting their liability toward persons <br /> entering thereon . . ." ORS 105.660. ORS 105.665(1) provides: <br /> "(1) An owner of land owes no duty of care to keep the <br /> land safe for entry or use by others for any <br /> recreational purpose or to give any warning of a <br /> dangerous condition, use, structure or activity on the <br /> land to persons entering thereon for any such purpose." <br /> ORS 105.675(1) extends liability to a landowner for "willful, <br /> wanton and reckless failure of an owner of land to guard or warn <br /> against a known dangerous structure or other improvement or a <br /> known dangerous activity on the land." And ORS 105.675(2) <br /> indicates that the limited liability set by ORS 105.665 does not <br /> apply where the landowner charges a fee for use of the land. The <br /> Oregon Recreational Use Law has been construed to apply to public <br /> land. Denton v. L.W. Vail Co., 23 Or App 28, 541 P2d 511 (1975);. <br /> O'Neal v. United States, 814 F2d 1285 (9th Cir. 1987). While <br /> other jurisdictions have questioned the application of <br /> recreational use statutes to municipalities, see Hovet v. City of <br /> Bagley, supra; Goodson v. City of Racine, 61 Wis.2d 554, 213 <br /> N.W.2d 16 (1973), for now the Oregon statute limits municipal <br /> liability for injuries occurring on land adjacent or contiguous <br /> to "bodies of water (and) watercourses." ORS 105.655(2). Under <br /> current Oregon law, therefore, a municipality has no duty of care <br /> and no duty to warn in connection with land adjacent to bodies of <br /> water and watercourses, absent a showing of willful failure to <br /> warn against a known dangerous structure or improvement, or a <br /> dangerous activity undertaken by the landowner. <br /> 3 See also, Pasierb v. Hanover Park District, 103 I11. App.32 <br /> 806, 59 I11. Dec. 461, 431 N.E.2d 1218 (1981) (Drowning in snow <br /> covered creek; municipality held to have duty to warn of hidden <br /> danger.); Hovet v. City of Bagley, 325 N.W. 2d 813 (Minn. 1982) <br /> (Recreational use statute does not apply to public land; court <br /> assumes municipality has potential liability.) <br /> 4 The issue of municipal liability may also be affected by <br /> the fact that the State of Oregon holds title to land below the <br /> high water mark in the beds of navigable waters. Land Board v. <br /> Corvallis Sand & Gravel, 283 Or 147, 582 P2d 1352 (1978). To the <br /> extent that liability for personal is derived from a duty <br /> of care premised on the ownership of land, the municipality <br /> arguably has no liability for accidents which occur beyond the <br /> high water mark on navigable waters. This theory has not, <br />
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