Under the Louisiana Recreational Use Immunity Statues, owners and operators of property used for recreational purposes are immune for liability for tortious acts. Does this immunity apply when a child is injured playing in a gated residential community?
Three Doyle children were playing in the common area of their subdivision in Covington, Louisiana when a rotted tree fell on one of the children, severely injuring him. His parents filed a lawsuit against Lonesome Development, the Natchez Trace Property Owners Association, Renaissance Property Management, and their insurers. The Doyles claimed Lonesome and Natchez Trace were responsible for maintaining the common area of the subdivision. The Doyles also claimed Lonesome, Natchez Trace, and Renaissance had responsibility and control for the rotted tree and should have known it posed an unreasonable risk of harm.
Lonesome was the original owner of the Natchez Trace subdivision. Natchez Trace had an agreement with Renaissance, whereby Renaissance was responsible for maintaining and managing the homeowners’ association. Lonesome and its insurer filed a summary judgment motion, arguging it was immune from liability under La. R.S. 9:2791 and 9:2795 (the Recreational Use Immunity Statutes). Renaissance and Natchez Trace subsequently filed almost identical summary judgment motions. The trial court granted Natchez Trace’s summary judgment motion, finding it was immune under the Recreational Use Immunity Statutes, but denied Lonesome and Renaissance’s summary judgment motions.