David L. Klepper v. City of Milford, Kansas, and David L. Klepper v. United States of America, & Third Party and City of Milford, Kansas, Third Party

STEPHEN H. ANDERSON, Circuit Judge.

The incident on which these claims are based involves an injury resulting from a shallow-water dive off a boat docked at property owned and managed by a Kansas municipality and located at a lake owned by the United States government. Central to the case is the applicability and construction of the Kansas Recreational Use Statute, which assigns liability to owners of recreational lands only where fees are charged or where there is willful or malicious failure to guard against or warn of a dangerous condition, use, structure, or activity. The definition of…