Wrongful Death – Recreational-Use Immunity

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Appellant challenged the dismissal of his wrongful-death claims against respondents Minnesota Department of Health, Washington County, and the City of Stillwater arising out of the death of his son from a brain infection caused by deadly amoeba in a lake. The District Court dismissed the claims against all parties under recreational-use immunity and found no duty of care for the county and department. The Court of Appeals concluded that appellant pleaded facts sufficient to support a claim of trespasser liability and thus to overcome the city’s recreational-use immunity. Appellant alleged that the death was caused by the artificial condition of the improvements at the lake, which were created and maintained by the city, and that the city knew that the improvements at the lake were likely to cause death or serious bodily harm. These allegations were sufficient to put the city on notice of the appellant’s claims against it and state a valid claim for relief. But it concluded that neither the department nor the county owed duties to the decedent. Affirmed in part, reversed in part, and remanded.

A14-0181 Ariola v. City of Stillwater (Washington County)

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