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Law Review

Cliff Collapse Accidents

2012-03-01, Department, by James C. Kozlowski

Recreational use statutes (RUS) exist in most states. With minor jurisdictional variations, most of these statutes are based upon a model state statute from 1965 which provided that a landowner who opens his land for public recreational use free of charge owes no legal duty to guard, warn, or make the premises reasonably safe for such use. The landowner, however, will still be liable for willful or wanton misconduct. Unlike mere carelessness, which typifies ordinary negligence, willful or wanton misconduct is much more egregious misconduct characterized by a conscious indifference and utter....

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