Parr Richey Frandsen Patterson Kruse

Call For A Free Consultation Today | 317-505-1342

  • Home
  • About Our Firm
    • Attorney Profiles
    • Our Firm History
    • Why Choose Us?
    • Articles
    • Blogs
    • Newsletters
    • Verdicts And Settlements
  • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Catastrophic Injuries
    • Dog Bites
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Wrongful Death
    • More Practice Areas
  • FAQs
  • Attorney Referrals
  • Communities Served
    • Indianapolis, Indiana
    • Bloomington, Indiana
    • Columbus, Indiana
    • Fort Wayne, Indiana
    • Gary, Indiana
    • More Communities Served
  • Contact
  • Home
  • About Our Firm
    • Attorney Profiles
    • Our Firm History
    • Why Choose Us?
    • Articles
    • Blogs
    • Newsletters
    • Verdicts And Settlements
  • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Catastrophic Injuries
    • Dog Bites
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Wrongful Death
    • More Practice Areas
  • FAQs
  • Attorney Referrals
  • Communities Served
    • Indianapolis, Indiana
    • Bloomington, Indiana
    • Columbus, Indiana
    • Fort Wayne, Indiana
    • Gary, Indiana
    • More Communities Served
  • Contact
Email

CALL

Photo of John M. McLaughlin, Tony W. Patterson and Paul S. Kruse

Helping You Put Your Life Back On Track After A Serious Injury

  1. Home
  2.  ► 
  3. Premises Liability
  4.  ► 
  5. How Courts Apply the Indiana Recreational-Use Statute

How Courts Apply the Indiana Recreational-Use Statute

Parr Richey Frandsen Patterson Kruse LLP | Sep 28, 2018 | Premises Liability |

Some of the most difficult jobs of a lawmaker is to weigh legitimate but competing interests and develop a reasonable compromise that everyone can live with. The Indiana recreational-use statute is a good example of Indiana lawmakers attempting to secure ample outdoor space for recreational activity while at the same time ensuring that Indianans remain safe while at play.

A recreational-use statute is a law under which qualifying landowners cannot be held liable for injuries that occur as the result of another party’s recreational use of the property. Indiana’s recreational-use statute is contained in Indiana Code section 14-22-10-2, and provides that landowners who do not charge a fee for others to use their property for “swimming, camping, hiking, sightseeing, or any other purpose,” do not assume responsibility for injuries occurring on their property.

Of course, the recreational-use statute does not apply to willful or intentional conduct on the part of the landowner. Thus, landowners who open up their land for public use but refuse to fix known hazards may still be liable for a visitor’s injuries. In order to get around the application of the recreational-use statute, an injury victim must be able to first prove that the landowner knew of the hazard’s existence. A recent slip-and-fall case discusses this requirement.

The Facts of the Case

The plaintiff was injured in a bicycle accident after he struck a pothole while riding along a path in a public park. The plaintiff filed a premises liability lawsuit against the city that maintained the park, arguing that the city was liable for his injuries. The plaintiff initially claimed that the city was negligent, but later amended his complaint, claiming that the city “willfully or maliciously” failed to warn him of the existence of the pothole.

The court held that plaintiff failed to show that the city acted willfully or maliciously because the plaintiff could not prove that the city knew about the pothole’s existence. The court noted that there was no evidence of prior complaints, and although a city employee testified that he traveled the path regularly, he denied having seen the pothole in the past.

The case is important in that it illustrates the type of information that an Indiana slip-and-fall plaintiff should present to the court when attempting to get around the application of the state’s recreational-use statute. For example, any fact showing prior knowledge of the hazard will be helpful. This can be a government employee’s first-hand knowledge based on personal observation or constructive knowledge based on a third-party’s report to a government official.

Have You Been Injured in an Indiana Slip-and-Fall Accident?

If you have been injured on another’s property while engaging in a recreational activity, do not assume that your case is barred by the recreational-use statute. The dedicated Indiana personal injury attorneys at the law firm of Parr Richey Frandsen Patterson Kruse have extensive experience bringing Indiana premises liability claims against all types of landowners, including those who allow for the recreational use of their property. To learn more, call 888-532-7766 to schedule a free consultation to discuss your case with one of the dedicated Indiana personal injury lawyers at Parr Richey Frandsen Patterson Kruse.

Related Posts:

Plaintiff Permitted to Proceed with Case Against Drunk Driver’s Employer, Indiana Injury Lawyer Blog, September 13, 2018

Court Applies “Reasonably Foreseeable” Standard in Recent Sports Injury Case, Indiana Injury Lawyer Blog, August 31, 2018

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

You're driving I-465 like you've done a hundred times before — fast, focused and trying to get somewhere. Then it happens. A sudden jolt, a loud impact, maybe the screech of tires or the crunch of metal. Everything feels disoriented for a second, but your mind starts...

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

We all know texting while driving is dangerous. But have you looked around your car lately? Modern vehicles come packed with screens, buttons and alerts that can pull your attention from the road just as quickly as a phone. And outside your windows are plenty of...

What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

« Older Entries

Recent Posts

  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

Archives

Categories

RSS Feed

Subscribe To This Blog’s Feed

Contact Us Today

Parr Richey Frandsen Patterson Kruse

Phone
317-505-1342

  • Follow

Indianapolis Law Office

251 North Illinois Street
Suite 1800
Indianapolis, IN 46204

Lebanon Law Office

225 West Main Street
PO Box 668
Lebanon, IN 46052
Chicago Law Office

One East Wacker Drive
Suite 2600
Chicago, IL 60601

Review The Firm

© 2025 Parr Richey Frandsen Patterson Kruse LLP • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw