Amaral v. Seekonk Grand Prix Corp.

The Massachusetts recreational use statute 1 provides that those who make their land available to the public for “recreational . . . purposes without imposing a charge or fee therefor . . . shall not be liable for personal injuries . . . sustained by such members of the public ... in the absence of wilful, wanton, or reckless conduct by [the landowner].” G. L. c. 21, § 17C(a), as appearing in St. 1998, c. 268. In this case, we are asked whether the statute bars a claim of negligence asserted by a mother (the plaintiff) who was injured by an errant “go-cart” while watching her sons drive…