Brewer v. Legacy Greenscapes. Richardson Law Group attorneys, Melissa Richardson and Bryan Bond, secured summary judgment for two non-profit entities following an injury at a recreational park. In 2023, a man visiting the park with his family injured himself going down a hill on a piece of flattened cardboard. At the time of his injury, the park contained numerous signs that conspicuously disclaimed liability for injuries under Kentucky’s Recreational Use Statute, KRS 411.190. The statute limits liability against “owners” of land used by the public for recreational purposes, unless the owner is “willful” or “malicious” in causing injury. The Court of Appeals has held that “willful” or “malicious” means “an entire want of care,” or “great indifference,” and can only be shown through affirmative negligence, not passive negligence. In other words, the Recreational Use Statute bars liability for mere failures to act. The Plaintiff nonetheless filed suit, bringing claims of negligence against the non-profits.
Oral arguments for this case focused on a social media post made by one of the non-profits approximately two and half years before the accident occurred. The Plaintiff argued that the post appeared to endorse the use of cardboard to sled down the hill. The non-profits argued that this post was irrelevant, because it had no causal connection to the Plaintiff’s injury. Ultimately, the Court accepted the Defendants’ argument, and granted summary judgment for both non-profits. Although the Recreational Use Statute was essential to the Defendants’ arguments, the Plaintiff attempted to avoid an essential consideration in any negligence case: causation. However, the Court ruled that showing an affirmative act is not enough. That act must also be relevant in causing the Plaintiff’s injury before it can be deemed sufficient to show willfulness or malice against a property owner.