アメリカにおけるレクリェーション使用免責に関する考察

Abstract

In considering the liability principles that apply to sport and recreational activities,　it is important to give attention to immunity, since it is often a factor in sport and recreational　activity liability cases in the U.S.A. There are several types of immunity : 1)recreational user acts related to land use, 2) legislation relating to volunteers, and 3) statutes related to rendering emergency care. A recent addition to the immunity umbrella is the so-called Recreational Use Statutes. The basic principle is that landowners who allow free recreational use of their property, owe no duty of care to keep their premises in safe condition or warn of dangerous or hazardous conditions. Then, this study aims to grasp influence, role and function of recreational use immunity in sport and recreational activity law through analyzing judicial precedents of sport and recreational activity these days in the U.S.A.