Keelen v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A. As used in this Section: (1) `Land' means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty. (2) `Owner' means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises. (3) `Recreational purposes' includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, trapping, swimming, boating, camping, picnicking, hiking, horseback riding, bicycle riding, motorized vehicle operation for recreation purposes, nature study, water skiing, ice skating, sledding, snow mobiling, snow skiing, summer and winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites. (4) `Charge' means the admission price or fee asked in return for permission to use lands. (5) `Person' means individuals regardless of age. 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 each person for 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...”

   2 later decisions quote this exact passage
   e.g. 463 So. 2d 1287 - Keelen v. State, Dept. of Culture, Recreation & Tourism · 467 So. 2d 70 - Smith v. Southern Pacific Transp. Co., Inc.

2. “A. An owner, lessee, or occupant of premises owes no duty of care to keep such premises safe for entry or use by others for hunting, fishing, camping, hiking, sightseeing or boating or to give warning of any hazardous conditions, use of, structure or activities on such premises to persons entering for such purposes. If such an owner, lessee or occupant give permission to another to enter the premises for such recreational purposes he does not thereby extend any assurance that the premises are safe for such purposes or constitute the person to whom permission is granted one to whom a duty of care is owed, or assume responsibility for or incur liability for any injury to persons or property caused by any act of person to whom permission is granted...”

   1 later decision quote this exact passage
   e.g. 467 So. 2d 70 - Smith v. Southern Pacific Transp. Co., Inc.