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From page 7... ... DEFENSES TO BIKEWAY CLAIMS UNDER STATE TORT CLAIMS ACTS AND RECREATIONAL USE STATUTES A Interplay Between a Tort Claims Act and a Recreational Use Statute in Bikeway-Accident Claims Against Public Entities In a claim against a public entity for alleged negligence for improper design, construction, or maintenance of a bikeway, a public entity may have defenses to the claim under the state's tort claims act applicable to the public entity or, alternatively, under the state's recreational use statute.56 First, a state's tort claims act may provide a defense to a bikeway claim when the state's recreational use statute does not immunize a public entity, for example, because in some states the recreational use statute applies only to private landowners or because bicycling is not a covered activity under the statute. Read the entire page →
From page 8... ... SFA was still the owner of the land and was entitled to immunity even though it had granted an easement to the city.74 The court held "that a landowner who dedicates a public easement for recreational purpose is entitled to the protection of the recreational use statute."75 The court rejected the plaintiff's claim that SFA could not claim immunity because its actions amounted to "gross negligence, malicious intent, or bad faith" under the recreational use statute.76 Guidance In a tort claim case against a public entity for an accident involving a bikeway it is important to consider both the applicable tort claims act and the state's recreational use statute that may be applicable to bikeways. Depending on the circumstances, a public entity could have immunity under one or both statutes. Read the entire page →

From page 7...

... DEFENSES TO BIKEWAY CLAIMS UNDER STATE TORT CLAIMS ACTS AND RECREATIONAL USE STATUTES A Interplay Between a Tort Claims Act and a Recreational Use Statute in Bikeway-Accident Claims Against Public Entities In a claim against a public entity for alleged negligence for improper design, construction, or maintenance of a bikeway, a public entity may have defenses to the claim under the state's tort claims act applicable to the public entity or, alternatively, under the state's recreational use statute.56 First, a state's tort claims act may provide a defense to a bikeway claim when the state's recreational use statute does not immunize a public entity, for example, because in some states the recreational use statute applies only to private landowners or because bicycling is not a covered activity under the statute.

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From page 8...

... SFA was still the owner of the land and was entitled to immunity even though it had granted an easement to the city.74 The court held "that a landowner who dedicates a public easement for recreational purpose is entitled to the protection of the recreational use statute."75 The court rejected the plaintiff's claim that SFA could not claim immunity because its actions amounted to "gross negligence, malicious intent, or bad faith" under the recreational use statute.76 Guidance In a tort claim case against a public entity for an accident involving a bikeway it is important to consider both the applicable tort claims act and the state's recreational use statute that may be applicable to bikeways. Depending on the circumstances, a public entity could have immunity under one or both statutes.

Read the entire page →

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