Combs v. Ohio Department of Natural Resources, Division of Parks and Recreation

Summary

The Supreme Court of Ohio held that Ohio’s recreational-user statute, R.C. 1533.181, does not bar a negligence claim arising from the alleged negligent operation of an ODNR boom mower. The court distinguished injuries caused by a defect in recreational premises from injuries caused by active negligence in operating equipment and affirmed the Tenth District Court of Appeals. Justice Kennedy, joined by Justices Lanzinger and French, dissented.

Holdings

1. Ohio's recreational-user statute does not immunize a landowner from liability for an injury allegedly caused by the negligent operation of a boom mower by a maintenance employee.
2. Recreational-user immunity is limited to injuries arising from the condition of the recreational premises or from acts of another recreational user; it does not extend to negligently inflicted injuries arising from active operations by the landowner or its employees.

Questions Presented

1. Whether Ohio's recreational-user statute, R.C. 1533.181, immunizes a landowner from liability for injuries allegedly caused by the negligent operation of a boom mower by the landowner's employee.
2. Whether the recreational-user statute applies only to injuries caused by the condition or defect of the recreational premises, rather than to active negligence unrelated to the condition of the premises.

Disposition

affirmed