October 15th, 2003 03:42 PM
OK, now that NEMBA is going to own their own chunk of Vietnam, I have a question about liability. Not sure exactly how it works in Massachusetts, but I believe that most states have a recreational use law that prevents a landowner being sued unless a fee is charged, or there is gross negligence. I believe that to reach the threshold of gross negligence NEMBA would have to be aware of, or to have caused, a situation that was inherently unsafe. I think most natural trails would be OK, but I'm wondering specifically about stunts. If NEMBA builds or allows others to build bridges, teeters, or other stunts on the property, could NEMBA get sued if someone got hurt?
Any legal eagles know the real story?