Fryberger v. Lake Cable Recreation Ass'n

I concur with the majority that the defendants are not entitled to summary judgment on the basis of the recreational user statute. As the majority correctly states, the applicability of the immunity provision of R.C. 1533.181 does not depend upon the common-law status of the injured party (as trespasser, licensee, social guest, or invitee) but, rather, on whether the property in question was held open to the general public for recreational use.

I respectfully dissent from that portion of the opinion holding that the defendant association and LaCoss-Englehaupt may owe a duty to plaintiffs if it…