Knoxville Appellate Court Looks at Tennessee’s Recreational Defense to Premises Liability — Wilson v. Dossett

Daylight savings has once again crept up on Knoxville and Maryville residents. Warmer weather is just around the corner, and before we know it, we will be pulling out and dusting off our summer gear.

With the increase of outdoor activities comes the potential of suffering injuries from recreational activities. These recreational activities can include boating, biking, motorcycling, or other outdoor sports. Frequently, these activities take place away from home and on the property of others.

We have been discussing, in recent posts, a number of newer premises liability cases. Owners have a duty to keep their property free of hazards that may harm another person. Premises liability cases can be fact specific, and it is critical to have an experienced personal injury attorney that understands the laws and can gather the essential facts to get you the compensation you deserve.

Tennessee has ruled on several recent premise liability cases along with their extensions and exceptions. With the coming warm weather, it is important to discuss one more. Tennessee has a statutory recreational defense that protects property owners in order to encourage them to open their property to recreational use. Tennessee Code Annotated § 70-7-102 is stronger than the recreational statutes of other states as it relieves a land owner from the duty of care. The statute reads:

(a) The landowner…owes no duty of care to keep such land or premises safe for entry or use by others for such recreational activities as hunting, fishing, trapping, camping, water sports, white water rafting, canoeing, hiking, sightseeing, animal riding, bird watching, dog training, boating, caving, fruit and vegetable picking for the participant’s own use, nature and historical studies and research, rock climbing, skeet and trap shooting, skiing, off-road vehicle riding, and cutting or removing wood for the participant’s own use, nor shall such landowner be required to give any warning of hazardous conditions…

However, Tennessee courts have a two-pronged test when determining whether the recreational defense statute will apply: (1) whether the plaintiff engaged in recreational activities under the statute, and (2) whether any exceptions to the defense exist. The most common exception is the gross negligence exception. The recreational defense will not apply if a landowner can be shown to have been grossly negligent. Last summer the Court of Appeals at Knoxville ruled on the statute and the gross negligence exception.

In Wilson v. Dossett, a landowner had built a motorcycle track on his property. Many people used the track with their off-road vehicles. The plaintiff had been riding on the track and decided to try a double jump. The plaintiff crashed while attempting the double jump, which caused paralysis from the neck down.

1. Whether the Plaintiff Engaged in Recreational Activities On the first prong, the court noted that the Knoxville appellate court had previously ruled that riding a motorcycle was a recreational activity. Rewcastle v. State.

2. Whether Any Exceptions to the Defense Exist As to the second prong, looking at the gross negligence exception, the court examined the evidence of the track. Looking at photographs and reports, the court found nothing “unremarkable” or dangerous about the track that differed from other off-road tracks. There was also nothing remarkably different about the specific jump compared to other jumps. Furthermore, the plaintiff never identified anything specifically wrong with the track.

Cases like these can be especially difficult. The plaintiff is permanently paralyzed and will require life-long medical care. In a premises liability case, it is critical to speak with a personal injury lawyer who knows how to investigate the case, discovery evidence, and examine all the relevant facts to make sure you get the compensation you deserve.

If you have been the victim of a personal injury, contact Hartsoe Law Firm, P.C. at (865) 804-1011.

Additional Resources: Wilson v. Dossett, Jun. 14, 2013, Supreme Court of Tennessee

More Blog Entries: The City of Knoxville Not Liable for Tree Falling on Public Street, Nov 6, 2013, Knoxville Injury Lawyer Blog

Holidays a Dangerous time for Fall Accidents in Tennessee, Nov. 4, 2012, Knoxville Injury Lawyer Blog