of Appellate Courts Court of Appeals
Matthew J. Barber, James S. Ballentine, Richard L.
Tousignant, Schwebel, Goetz & Sieben, P.A., Minneapolis,
Minnesota, for respondent.
A. Poetz, Matthew W. Moehrle, Steven A. Bader, Rajkowski
Hansmeier, Ltd., Saint Cloud, Minnesota, for appellant.
Jessica E. Schwie, Tal A. Bakke, Jardine, Logan &
O'Brien, PLLP, Lake Elmo, Minnesota, for amicus curiae
Minnesota Defense Lawyers Association.
Minnesota's Recreational-Use Statute, Minn. Stat.
§§ 604A.20-.27 (2016), does not apply to private
land that is not used by the public for beneficial
landowner who gave permission to only his immediate family to
use his private land for recreational purposes, and excluded
others, does not qualify for the duty-of-care and liability
limitations in the Recreational-Use Statute.
Corey Ouradnik ("Son") sued his father, appellant
Robert Ouradnik ("Father"), after he fell from a
deer stand on Father's property and was injured. The Pine
County District Court granted partial summary judgment in
favor of Father, holding that he was entitled to
recreational-use immunity under Minn. Stat. §§
604A.20-.27 (2016) ("the Recreational-Use
Statute"), allowing Son to proceed to trial to seek
recovery under only the trespasser exception to the statute.
The court of appeals reversed, holding that the
Recreational-Use Statute did not apply because Father did not
offer his land for use by the public. We affirm.
owns 40 acres of land where he allows his immediate family to
hunt. Father does not allow anyone outside of his immediate
family to hunt on his land, and has posted at least one
"No Trespassing" sign to deter non-family members.
Father excluded extended family, Son's friends, and
members of the general public from hunting on his land.
built approximately five tree stands on his land for deer
hunting. When he first built the tree stands, Father affixed
the boards to the trees with nails. In 2012, Father began to
replace the nails with 6-inch screws, but did not have enough
screws to re-fasten every board. Some boards remained affixed
November 10, 2012, Son was climbing into one of the deer
stands on Father's property when he grabbed a board that
was still secured by nails. The board came loose and Son fell