The Recreational Use Statute in Mass was created to foster the public’s use of open space
The Massachusetts Recreational Use Statute, Mass. Gen. Laws ch. 21, § 17C, was enacted in 1972 “to encourage landowners to permit broad, public, free use of land for recreational purposes by limiting their obligations to lawful visitors under common law.” Ali v. Boston, 441 Mass. 233, 238 (2004). The Statute provides, in relevant part:
Any person having an interest in land including the structures, buildings, and equipment attached to the land . . . who lawfully permits the public to use such land for recreational . . . purposes without imposing a charge or fee therefor . . . shall not be liable for personal injuries . . . sustained by such members of the public . . . while on said land in the absence of willful, wanton, or reckless conduct by such person.
A review of the law’s legislative history reveals that the original intent of the statute was to provide the paper industry, which owned and controlled large amounts of undeveloped forest land, with insulation from liability for injuries sustained on its premises by hunters and others recreating thereon. According to the language of the statute, as long as the premises were being (1) used for recreational purposes; (2) were open to “public use”; and (3) no fee was charged for the use of said premises, the property owner can not be held liable for injuries sustained while on the premises, unless the injured party can show that the owner’s conduct was willful, wanton or reckless (commonly referred to as “gross negligence”).
Edmands Park was granted to the city in 1913, when the Edmands family wanted to preserve the park for free public use. We have been public park users for over 50 years, and have done so without having to pay a charge or fee for admission to the lands. If the City charges a $50 fee for admission to the park vis-a-vis the off leash program, the city would be in violation of the Recreational Use Statute.
