Loyer v. Buchholz

The issue presented by this cause is whether, by virtue of R.C. 1533.181, a residential pool owner is immune from a suit for damages resulting from injuries sustained *66in the pool by a social guest. We hold that R.C. 1533.181 does not confer immunity where the land on which the injury occurred is not kept open to the general public for gratuitous recreational use.

R.C. 1533.181 provides:

“(A) No owner, lessee, or occupant of premises:

“(1) Owes any duty to a recreational user to keep the premises safe for entry or use;

“(2) Extends any assurance to a recreational user, through the act of giving…