In the case Zornes v. Ohio Dep’t of Natural Res., 2020-Ohio-2875, 2020 Ohio Misc. LEXIS 40, the Court of Claims of Ohio found that the Ohio Department of Natural Resources (ODNR) was entitled to summary judgment on the plaintiffs’ action for premises liability; negligent performance of a proprietary function; willful, wanton, and/or reckless performance of a governmental function; nuisance; wrongful death; and gross negligence, because even assuming that ODNR owned the subject dam, ODNR was protected by recreational user immunity in R.C. 1533.18(B), and owed no duty to plaintiffs’ decedents to keep the premises safe for use where a map of the river submitted by plaintiffs showed that a portion of the river was suitable for and held open to the public for boating/recreational purposes, and the decedents had permission to kayak upon the portion of the river in question.
In this case, plaintiffs on behalf of drowning victims, claimed that ODNR was negligent in failing to remedy dam hazard or warn of danger. Summary judgment was rendered in favor of ODNR on the basis of recreational user immunity, R.C. 1533.181, where the river constitutes recreational premises and decedents did not pay a fee, and the construction of a low-head dam does not alter the designation as recreational premises.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.