When Should Providers of Recreational Land be Immune from Liability

Abstract

This article examines statutes that limit the liability of landowners who open their property for recreational use. We ask whether landowner immunity promotes efficient provision by owners and efficient entry by recreational users. We examine these questions in several contexts, depending on whether the land is developed or undeveloped, privately or publicly owned, and whether or not the owner charges an entry fee. Our main finding is that, for both privately and publicly owned land, owner immunity is more efficient than owner liability when the land is undeveloped, but this is not true when the land is developed.