408 So. 2d 336 - Pratt v. State’s Empirical Analysis

Citation profile

23 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “B. Except for willful or malicious failure to warn against a dangerous condition, use, structure, or activity, an owner of land, except an owner of commercial recreational developments or facilities, who permits with or without charge any person to use his land for recreational purposes as herein defined does not thereby: (1) Extend any assurance that the premises are safe for any purposes. (2) Constitute such person the legal status of an invitee or licensee to whom a duty of care is owed. (3) Incur liability for any injury to person or property incurred by such person.”

   11 later decisions quote this exact passage
   e.g. Keelen v. State · Herbert v. City of Kenner

2. “`By its terms, the grant of immunity is made to any landowner who has made his land available for certain recreational purposes. The State, for purposes of this statute, stands in the same position as any other private litigant.' (Underlining supplied.)”

   3 later decisions quote this exact passage
   e.g. Herbert v. City of Kenner · Rodrigue v. Firemen's Fund Ins. Co.

3. “"Plaintiffs place heavy reliance on the fact that fees are charged for use of the recreational facilities. Regarding this point some reasonable effect must be given to the use in LSA-R.S. 9:2795 of the words `with or without charge.' The critical words are: `an owner of land, except an owner of commercial recreational developments or facilities, who permits with or without charge any person to use his land for recreational purposes ... does not thereby ... (3) Incur liability for any injury to person or property incurred by such person.' (Emphasis added.) Clearly the use of the words `with or without charge' must be construed to mean that charging fees for use of recreational facilities does not in itself render the operation and maintenance of such facilities a commercial venture. Logically there would have been no reason to include these words in the statute unless it was for the purpose of providing that charging fees would not render an operation commercial. The provision becomes significant only when a fee is charged. In view of these conclusions, what factors render a recreational facility a commercial one? The trial court worked the matter out on the basis of whether the enterprise contemplates the earning of a profit. Section 200 Act 591 of 1970 as noted above specified that the Indian Creek Reservoir and Recreational Area should be a non-profit enterprise. Reference to standard dictionary definitions of the word `commercial' convince us that in the context of the fac”

   2 later decisions quote this exact passage
   e.g. Owens v. Grant · 411 So. 2d 744 - Thomas v. Jeane