A 10 year old suffered burns when she stepped on the hidden coals of a beach bonfire on property owned by the Defendant Inn. At the time of the incident, the injured child was on the beach as a result of an invitation from the owner of the Inn. Neither the injured child, nor the family she was traveling with were staying at the Inn at the time of the injury. The injured child’s mother brought suit against the Inn alleging negligence. The Inn moved for summary disposition arguing that the recreational land use act applied to the case. In relevant part, MCL 324.73301 provides:
a cause of action shall not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of fishing, hunting, trapping, camping, hiking, sightseeing, motorcycling, snowmobiling, or any other outdoor recreational use or trail use, with or without permission, against the owner, tenant, or lessee of the land unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee. [MCL 324.73301(1).]
The trial court granted the Inn’s motion for summary disposition finding that the RUA applied to the case.The Court of Appeals reversed finding that the child was not injured while engaged in an activity enumerated in the RUA when she was playing in the sand at the beach, nor was she engaged in an ‘other outdoor recreational use’ when the injury occurred. Thus, the Court of Appeals found that RUA did not apply and the trial court erred in dismissing plaintiff’s claim. However, the state Supreme Court disagreed on appeal, finding that the activities engaged in at the time of the injury fell within the plain meaning of the general phase “any other outdoor recreational use.” As such, because the activities at issue fell within the RUA’s application, the court reinstated the trial court’s ruling dismissing the case.
The case is Otto v Inn at Watervale, Inc, Supreme Court 155380 (Decided April 6, 2018).
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