Is a Property Owner Liable for Injuries Resulting from Recreational Use of Their Property?

RSA 508:14, I provides: “An owner, occupant, or lessee of land, including the state or any political subdivision, who without charge permits any person to use land for recreational purposes or as a spectator of recreational activity, shall not be liable for personal injury or property damage in the absence of intentionally caused injury or damage.”

What if a landowner makes their land available for sledding free of charge but also sells hot chocolate, hot cider, and other goods to sledders? Would the sale of those products cause the sledding to fall outside the “without charge” requirement and expose the landowner to liability?  The New Hampshire Supreme Court dealt with this issue in Adams v. Moose Hill Orchards, LLC, 2024 N.H. 58.

Background

Moose Hill Orchards, LLC (doing business as Mack’s Apples) (“Moose Hill”) owns land in Londonderry.  Moose Hill allows the public to use a hill on its property for sledding at no charge.  Moose Hill operates a seasonal stand “selling hot chocolate, hot cider, and other goods to sledders.” While sledding in January 2022, Caroline Adams suffered serious injury and, as a result, is paralyzed from the waist down.

The plaintiffs sued Moose Hill. They argued Moose Hill’s business activities, including the operation of the seasonal stand selling items to sledders, negated the "without charge" condition for recreational use immunity under RSA 508:14.

Superior court decision

The superior court held that Moose Hill qualified for immunity because the use of the sledding hill was free to the public and any business activities, such as the seasonal stand, were incidental to the sledding. The plaintiffs appealed to the New Hampshire Supreme Court.

Supreme Court decision and reasoning

The plaintiffs contended Moose Hill’s operation of a seasonal stand selling hot beverages and other goods to sledders meant their visit to the sledding hill was connected to the defendant’s business. They argued that Moose Hill’s business activities, therefore, fell outside the scope of RSA 508:14, which requires that land be made available for recreational use "without charge." They relied on the case Soraghan v. Mt. Cranmore Ski Resort to argue that the statute should not apply when the land use is linked to a business for which the landowner customarily charges.

Moose Hill argued the immunity applied because the plaintiffs were not charged for access to the sledding hill. They emphasized that any business activities (such as selling hot beverages) were unrelated to access to the sledding hill and that participation in purchasing from the seasonal stand was entirely voluntary. Moose Hill asserted that the immunity statute was meant to cover exactly these kinds of free recreational activities, even if some business incidental to the activity occurred on the premises.

The Supreme Court affirmed the superior court's decision, ruling in favor of Moose Hill. The court found that the defendant allowed public access to the sledding hill without charge, as required by RSA 508:14, and that any purchases from the seasonal stand were incidental and voluntary. The court noted that the plaintiffs could have used the sledding hill without buying anything, and the seasonal stand did not negate the "without charge" provision of the statute.

The court also cited a similar case from the First Circuit, Hardy v. Loon Mountain Recreation Corp., in which a visitor could access free activities after paying for a gondola ride, but the court held that the charge for the gondola did not extend to the free activities.

In conclusion, the Supreme Court ruled that Moose Hill was entitled to immunity under RSA 508:14, and dismissed the plaintiffs' claims.  The recreational use was without charge, despite the incidental business activities on the property.

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