Legislators Vote to Clear Towns of Recreational Liability

Legislators voted to give Connecticut towns protection against accident liability on Friday.

The bill, approved by the Judiciary Committee and authored by State Representative David Baram (D-Windsor), was proposed following recreational accidents and a significant lawsuit brought against the Metropolitan District Commission (MDC), causing the municipal corporation to consider putting an end to recreational use on some of its land throughout the state.

"I am delighted that I was able to facilitate this collaborative legislative effort. The result will allow towns and special districts to keep land open for public recreation without fear of frivolous lawsuits," said Baram.

In the spring of 2010, a woman was awarded $2.9 million in a suit levied against the MDC after suffering an injury while riding a bicycle at the West Hartford Resovoir, which is owned by the water and waste-management company. The woman reportedly rode her bike into a closed gate.

The MDC has no obligation to provide its land to the public, but allows the use of some of its property for recreational purposes. Following the May 2010 decision, the company considered restricting public access to its recreational properties.

"The passage of this bill will ensure that the public’s right to use municipal land for recreation will be protected," Baram said. “I congratulate all the interest groups for coming together to resolve this issue in a fair and equitable manner.”

Baram also added that restoring protection to municipalities will avoid the closure of facilities "for fear of frivolous lawsuits."

Senator Beth Bye (D-West Hartford) expressed enthusiasm for the bill and its potential effects on residents, saying "Our quality of life in the Hartford region is significantly enhanced by access to the MDC reservoir and other public recreational areas. This bill assures that these public resources remain open to outdoor activities like hiking, riding and cross-country skiing.”

While the bill would provide protection for municipalities in the event of negligence on behalf of a member of the public, it does not fully exempt them from providing a safe environment in areas use by the public.

According to Baram, an exemption lies in the case of a land owner being "found to be willful or malicious with a failure to guard or warn against a dangerous condition or use."

Under this bill, Baram said in an interview with Patch in January, there is "an obligation for a user to exercise care, and there's still an obligation by the landowner to not engage in willful or malicious failure to guard or warn against a dangerous condition."