Miller v. City of Dayton

The primary issue is whether Miller was a “recreational user” at the time of his injury. “Recreational user” is defined in R.C. 1533.18 (B) as “a person to whom permission has been granted, without the payment of a fee or consideration to the owner, lessee, or occupant of premises * * * to enter upon premises to hunt, fish, trap, camp, hike, swim, or engage in other recreational pursuits.” For the following reasons we find Miller was a recreational user and reverse the court of appeals.

A

In determining whether a person is a recreational user under R.C. 1533.18 (B), the analysis should focus on…