US-CaliforniaCan I sue a property owner for injuries on recreational land?
Yes, but California law limits liability for property owners who allow free public recreational use of their land under the Legal Recreation Act.
What the Law Says
California Civil Code §846 — known as the 'Legal Recreation Act' — shields landowners from liability for injuries sustained by recreational users on their property, provided certain conditions are met.
This law applies when someone is using private land for recreational purposes — like hiking, biking, fishing, or horseback riding — without paying a fee. The landowner must not have charged for access, and the use must be with the owner’s permission (express or implied).
The protection does not apply if the landowner charges a fee, acts with willful or malicious intent to cause injury, or fails to warn about dangerous artificial conditions they created or maintained. It also doesn’t protect against liability for injuries to trespassers who were not engaged in recreation.
Importantly, the immunity does not extend to injuries caused by the landowner’s gross negligence or reckless conduct — though courts have interpreted this narrowly.
Statutory TextAn owner of any estate or interest in real property owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose… nor shall such owner be held liable for any injury… sustained by any person… while engaging in any recreational activity upon such premises.
— Civil Code §846 — Liability of owner of property for injuries to recreational users
Statutory TextThis section does not limit the liability which otherwise exists… for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
— Civil Code §846 — Liability of owner of property for injuries to recreational users
What Courts Have Said
California courts have consistently upheld the broad immunity under Civil Code §846, while clarifying its limits.
Applying California law, the court affirmed that §846 immunity applied even when the injured plaintiff was on federal land leased to a private entity for recreation — reinforcing that the statute protects landowners regardless of ownership type, as long as use is free and recreational.
The court held that §846 immunity extends to landowners even when the injured party was invited onto the property for recreation — emphasizing that permission (not payment) is the key factor, and that the statute’s purpose is to encourage open access to land.
What to Do
Determine whether your access was truly free — no fee, membership, or required donation.
Check if the landowner acted with willful misconduct or failed to warn about a known, artificial hazard they created.
Gather evidence (photos, witness statements, maintenance records) showing the condition that caused injury.
Consult a personal injury attorney within California’s 2-year statute of limitations for personal injury claims (Code Civ. Proc. §335.1).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.