AGRIBUSINESS: Recreational Use Liabililty Exemption Nullified

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An Iowa statutory provision, known as the recreational use statute, provides an incentive for landowners to open up their property to entrants for recreational purposes by removing the common-law duties that landowners owe to lawful property entrants.

Recreational users are generally treated as adult trespassers – the landowner only owes recreational entrants a duty to refrain from willfully or wantonly injuring them.

However, a recent opinion of the Iowa Court of Appeals has called into question the continued viability of the Iowa recreational use statute in its present form.

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