Midwestern, Inc.: Case Study

Under the State's recreational use statute, the owner of a property that permits any person either directly or indirectly without charge the use of the property for recreation purposes does not assume responsibility for any injury incurred. Ky. Rev. Stat. Ann. § 411.190. A “charge” refers to the admission price or fee asked in return for invitation or permission to enter or go upon the land. Id. In regards to the application of the fee, Midwestern, Inc. determined that the fee must have been charged on the day of the incident for the defendant's immunity to waived. Midwestern, Inc. v. N. Ky. Cmty. Ctr., 736 S.W.2d 348, 351 (Ky. Ct. App. 1987). Abner was injured at the Community Center's pool after jumping off the diving board, and attempted to hold the Community Center liable claiming that he had been charged a fee, so the immunity under KRS 411.190 did not apply. Id. at 349. However, it was …show more content…
City of Louisville v. Silcox, 977 S.W.2d 254 (Ky. Ct. App. 1998). In City of Louisville, plaintiff paid a fee identified as an “Entrance Fee” at $2 per car regardless of the number of passengers, to park at the Otter Creek Park. City of Louisville v. Silcox, 977 S.W.2d 254 (Ky. Ct. App. 1998). Plaintiff injured his foot jumping into the Creek and cited the $2 as a charge that would waive the immunity granted by KRS 411.190. Id. The Court disagreed holding that the fee was not a fee to enter onto the land and to use the park for recreational purposes, but instead was a fee to park in that parking lot. Id. at 257. There existed other ways of entering the park for pedestrians and cyclists at no fee, along with other parking areas within the park that could be used at no cost. Id. Due to the fee only pertaining to that one lot and not charged in exchange for permission to enter the park and use its facilities for recreation, the immunity in KRS 411.190 applied.