Welcome! Log In Create A New Profile Recent Messages

Deep Creek Hot Springs

The Moon is Waxing Gibbous (98% of Full)


Advanced

Mike Castro's Liability to recreational users

All posts are those of the individual authors and the owner of this site does not endorse them. Content should be considered opinion and not fact until verified independently.

July 04, 2003 03:46PM
This is what I was trying to bring to your attention with relation to the lost teenagers. Because Mike Castro receives consideration (required toll) he has a potential liability for any injury received by a paying customer.

These teenagers paid Mike Castro his required toll and were placed at risk because he allowed them to go through at night after curfew. This negligence gives the hotsprings a bad reputation. In cases where law enforcement is called out due to a person's negligence, the County has taken the position that the person should be sent a bill for the cost involved. Mike Castro could be billed for their services. In addition, Mike Castro is extremely lucky that nothing happened to those teenagers or he could be sued by their parents.

This Civil Code Section is designed to protect from liability, property owners that don't charge for access to the public lands for recreation.

Civil Code Section

846. An owner of any estate or any other interest in real property,
whether possessory or nonpossessory, owes no duty of care to keep
the premises safe for entry or use by others for any recreational
purpose or to give any warning of hazardous conditions, uses of,
structures, or activities on such premises to persons entering for
such purpose, except as provided in this section.

A "recreational purpose," as used in this section, includes such
activities as fishing, hunting, camping, water sports, hiking,
spelunking, sport parachuting, riding, including animal riding,
snowmobiling, and all other types of vehicular riding, rock
collecting, sightseeing, picnicking, nature study, nature contacting,
recreational gardening, gleaning, hang gliding, winter sports, and
viewing or enjoying historical, archaeological, scenic, natural, or
scientific sites.

An owner of any estate or any other interest in real property,
whether possessory or nonpossessory, who gives permission to another
for entry or use for the above purpose upon the premises does not
thereby (a) extend any assurance that the premises are safe for such
purpose, or (b) constitute the person to whom permission has been
granted the legal status of an invitee or licensee to whom a duty of
care is owed, or (c) assume responsibility for or incur liability for
any injury to person or property caused by any act of such person to
whom permission has been granted except as provided in this section.

This section does not limit the liability which otherwise exists

(a) for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or (such as M. Castro's grossly negligent failure to provide sanitary facilities)..( Mikes failure to warn people that he is violent....hahaha)

(b) for injury suffered in any case where permission to enter for the above purpose was granted for a consideration other than the consideration, if any, paid to said landowner by the state, or where consideration has been
received from others for the same purpose; or ($4.00 per person toll or $5.00 overnight)

(c) to any persons who are expressly invited rather than merely permitted to come upon the premises by the landowner.

Nothing in this section creates a duty of care or ground of liability for injury to person or property.
SubjectAuthorViewsPosted

Mike Castro's Liability to recreational users

katrina island 1059July 04, 2003 03:46PM

Re: Mike Castro's Liability to recreational users

LaughingBear 647July 04, 2003 08:28PM

Re: Mike Castro's Liability to recreational users

katrina island 654July 05, 2003 11:29AM

Re: Mike Castro's Liability to recreational users

Gary 742July 05, 2003 08:04PM

Re: Mike Castro's Liability to recreational users

MINERALKING 695July 07, 2003 08:42AM

Re: Mike Castro's Liability to recreational users

Gary 650July 07, 2003 11:59AM

Re: Mike Castro's Liability to recreational users

Arizona Mike 621July 07, 2003 12:50PM

Re: Mike Castro's Liability to recreational users

Rick 651July 07, 2003 12:51PM

Re: Mike Castro's Liability to recreational users

Arizona Mike 643July 07, 2003 03:42PM

Re: Mike Castro's Liability to recreational users

MINERALKING 756July 07, 2003 08:03PM

Re: Mike Castro's Liability to recreational users

Arizona Mike 619July 07, 2003 08:41PM

Re: Mike Castro's Liability to recreational users

jobe 689July 08, 2003 05:27PM

Re: Mike Castro's Liability to recreational users

sycamorelaughing 666July 08, 2003 11:08PM

Re: Mike Castro's Liability to recreational users

MINERALKING 1170July 11, 2003 07:02PM

Re: Mike Castro's Liability to recreational users

MINERALKING 740July 08, 2003 07:57PM

Re: Mike Castro's Liability to recreational users

Gary 711July 08, 2003 10:05PM

Re: Mike Castro's Liability to recreational users

katrina island 690July 07, 2003 01:14PM

Re: Mike Castro's Liability to recreational users

Gary 697July 07, 2003 03:49PM

Re: Mike Castro's Liability to recreational users

Arizona Mike 763July 07, 2003 05:32PM

Re: Mike Castro's Liability to recreational users

katrina island 733July 08, 2003 12:50AM

Re: Mike Castro's Liability to recreational users

Gary 599July 08, 2003 07:53AM

Re: Mike Castro's Liability to recreational users

Arizona Mike 614July 08, 2003 11:49AM

Re: Mike Castro's Liability to recreational users

Gary 665July 08, 2003 12:38PM

Re: Mike Castro's Liability to recreational users

Arizona Mike 611July 08, 2003 02:12PM

Friends of Deep Creek Arise

katrina island 655July 08, 2003 12:12PM

Re: Mike Castro's Liability to recreational users

katrina island 638July 07, 2003 03:20PM

Re: Mike Castro's Liability to recreational users

jobe 681July 07, 2003 03:48PM

Re: Mike Castro's Liability to recreational users

Gary 665July 07, 2003 04:26PM

Re: Mike Castro's Liability to recreational users

jobe 607July 07, 2003 06:19PM

Re: Mike Castro's Liability to recreational users

LaughingBear 678July 07, 2003 09:42PM

Re: Mike Castro's Liability to recreational users

katrina island 725July 07, 2003 11:02PM

Re: Mike Castro's Liability to recreational users

LaughingBear 635July 08, 2003 09:59PM



Sorry, only registered users may post in this forum.

Click here to login