Except as specifically recognized by or provided in § 18-11-307, an owner of land who, either directly or indirectly, invites or permits without charge any person to use his or her property for recreational purposes does not thereby:
Extend any assurance that the lands or premises are safe for any purpose;
Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons; or
Assume responsibility for or incur liability for injury to the person or property caused by any natural or artificial condition, structure, or personal property on the land.
The tort liability of the United States for personal injuries sustained by a person in a swimming hole in a national park is limited by this subchapter to the same extent as the liability of a private person. Mandel v. United States, 719 F.2d 963 (8th Cir. 1983).
Lakes.
This section applied to an owner of a lake, who is an “owner of land” as used in this section. Jenkins v. Arkansas Power & Light Co., 140 F.3d 1161 (8th Cir. 1998).
Cited:
Lively v. Libbey Mem'l Physical Medical Ctr., 311 Ark. 41, 841 S.W.2d 609 (1992).
Lively v. Libbey Mem'l Physical Med. Ctr., Inc., 841 S.W.2d 609 (Ark. 1992). · cites it 4דLibbey Memorial contends Ark. Code Ann. § 18-11-305 (1987) provides immunity to landowners who allow "any person" to use their property for recreational purposes free of charge.”
Roeder v. United States, 2014 Ark. 156, 432 S.W.3d 627. · cites it 2דActs 225 , 226; currently codified at Ark.Code Ann. § 18-11-305. 5 . Thus, in the current version of the recreational-use statute, (1) malicious, but not mere negligent, failure to guard or warn invokes the exception, whereas in the previous version, “willful or malicious”…”
Powell v. ISC North, LLC, 2017 Ark. App. 394, 524 S.W.3d 458. · cites it 10דThey further asserted that any cause of action would be barred by landowner immunity under Arkansas Code Annotated section 18-11-305 (Repl. 2015). On November 16, 2015, the administrators amended their complaint to allege that a partially submerged truck-bed liner located at the…”
Bradley v. Welch, 228 S.W.3d 559 (Ark. Ct. App. 2006). · cites it 2דTalley also claimed that she had immunity under Arkansas’s recreational-use statute, Ark. Code Ann. § 18-11-305 (Repl. 2003). However, that argument was not addressed by the trial court and is not at issue on appeal.”
Andrew Hutchinson v. United States, 71 F.4th 1115 (8th Cir. 2023). · cites it 6דThey could not, the district court reasoned, because of Arkansas’s recreational-use statute, which provides added protection to landowners who allow others to use their land “for recreational purposes.”
Hutchinson v. United States, No. 4:19-cv-00749 (E.D. Ark. Mar. 30, 2022). · cites it 2דArk. Code Ann. §18-11-305 . “The purpose of [the ARUS] is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.”
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