In this case, Wilmer Hafford sued Great Northern Nekoosa Corporation after suffering a serious injury on its land when a road partially washed out and led to a van collision. Hafford operated a commercial outfitting business and was using the road to retrieve clients’ vehicles
The Maine Superior Court granted summary judgment for Great Northern under 14 M.R.S.A. § 159-A, Maine’s recreational use statute, which limits landowner liability when land is used for recreational activities. The Maine Law Court affirmed.
Key Points:
Hafford argued he was using the road for business, not recreation. The court held that facilitating others’ recreational use (e.g., canoeing) falls within the statute’s protection.
Hafford paid a $15 seasonal fee to the North Maine Woods Association, not to Great Northern directly. The “consideration” exception to the statute’s immunity did not apply because:
> Great Northern’s land was not used primarily for commercial recreational purposes.
> Hafford did not have exclusive use of the property.
Holding:
Summary judgment for Great Northern was affirmed. The landowner was protected by the recreational use statute, and no exception to immunity applied.
Summary by ChatGPT