When Should Providers of Recreational Land Be Immune from Liability?

Posted: 14 May 2002

See all articles by Thomas J. Miceli

Thomas J. Miceli

University of Connecticut - Department of Economics

Kathleen Segerson

University of Connecticut - Department of Economics

Guanghui Li

University of Washington - Department of Economics

Abstract

This paper examines statutes that limit the liability of landowners who open their property for recreational use. We ask whether landowner immunity promotes efficient provision by owners and efficient entry by recreational users. We examine these questions in several contexts, depending on whether the land is developed or undeveloped, privately or publicly owned, and whether or not the owner charges an entry fee. Our main finding is that, for both privately and publicly owned land, owner immunity is more efficient than owner liability when the land is undeveloped, but this is not true when the land is developed.

Keywords: land use, recreation, liability

Suggested Citation

Miceli, Thomas J. and Segerson, Kathleen and Li, Guanghui, When Should Providers of Recreational Land Be Immune from Liability?. Journal of Real Estate Finance and Economics, Vol. 22, No. 2 & 3. Available at SSRN: https://ssrn.com/abstract=303967

Thomas J. Miceli (Contact Author)

University of Connecticut - Department of Economics ( email )

365 Fairfield Way, U-1063
Storrs, CT 06269-1063
United States
860-486-5810 (Phone)
860-486-4463 (Fax)

Kathleen Segerson

University of Connecticut - Department of Economics ( email )

365 Fairfield Way, U-1063
Storrs, CT 06269-1063
United States
860-486-4567 (Phone)
860-486-4463 (Fax)

Guanghui Li

University of Washington - Department of Economics ( email )

Box 353330
Seattle, WA 98195-3330
United States

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