04-27-1993 PTRC Meeting Minutes - Laserfiche WebLink

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• ( 5) Applicapability of statutory immunities to any governmental entity that participates in a self insurance pool is debatable after Wesela v . City of Virginia, 390 N.W. 2d 2 5 Minn. App. 1966) , Minn . Sup . Ct . pet . for rev . granted , pet . for rev . vacated, 2/2 / 7 . 2 . Recreational Use Statute - M.S. §87 . 023 it . an owner who either directly or indirectly invites or permits wiothout charge any person does not thereby; a . extend any assurance that the land is sfe for any purpose; b. confer upon such person the legal status of invitee or licensee to whom a duty of care is owed; c . assume responsibility for or incurr liability for any injury to person or property caused by any act or omission of such persons . " ✓ a. Statute not applicable to municipalities . See Ho vet v . City of Bagley, 325 N.W. 2d 813 (Minn. 1982) . b . Same standards as set forth in M.S. §87 .023 applicable to cities via M.S. §466 . 03 Subd. 6 (e) • ( 1 ) immunity from any claim based upon the operation or maintenance of property intended to be used "as an open area for recreational purposes . " (2) "Nothing is this statute limits the liability of a municipality for conduct that would entitle a tresspasser to damages against a private person. (a ) Recreational Use Statute , applicable to private landowners , M.S. §466 . 03 Subd 6 (e ) and M.S. §3. 736 Subd 3 (h) all retain standard of care applicable to tresspassers . B. Standard of Care Owed to Trespassers V 1 . Minnesota courts do not follow "attractive nusiance" doctrine . 2. Minnesota courts apply negligence principles to determine duty owed to protect trespassers . a . Liability where there is a concealed artificial condition which is likely to cause serious injury • 293