KANSAS COURT OF APPEALS APPLIES RECREATIONAL USE IMMUNITY TO COUNTY LIBRARY
For the first time, a Kansas appellate court applied recreational use immunity to a library parking lot, exempting a county from liability for ordinary negligence.
In Zaragoza v. Bd. of Johnson Cnty. Commissioners, a patron sued Johnson County after she fell in a library parking lot due to a sloped surface near a storm drain. 64 Kan. App. 2d 358, 551 P.3d 175 (2024). Zaragoza sustained serious injuries, including broken bones and the need for surgery and rehabilitation. Zaragoza argued the county, as property owner, was negligent in failing to warn patrons of the hazard in the parking lot.
The Kansas Tort Claims Act permits an individual to sue state entities for negligence. K.S.A. 75-6101, et seq. Under this Act, a government entity, such as Johnson County, may be liable if a non-governmental individual would be liable under similar circumstances.
However, the Kansas Tort Claims Act includes exceptions to liability, including when injuries are sustained from “the use of any public property intended or permitted to be used as a park, playground or open area for recreational purposes.” K.S.A. 75-6104(15). The appellate court ruled the library’s core services, such as allowing patrons to read and borrow books, qualify as “recreational” under the statute. The court also determined the library itself is considered an “open area.”
Zaragoza argued the parking lot did not meet these criteria. Earlier Kansas Supreme Court decisions determined the recreational property exception extends beyond the specific recreational area itself. Here, the Court of Appeals applied this same principle to the library parking lot, ruling it was an integral part of the library, and thus covered by the exception.
While public transportation may be available for some libraries and some patrons may walk, the parking lot is integral to this branch because patrons drive to it and need a place to park their vehicles when visiting it, as did Zaragoza. The parking lot increases the library’s usefulness because more patrons are able to use the public property, which allows recreational use immunity to extend to the parking lot.
Zaragoza, 64 Kan. App. 2d at 373. Further, Zaragoza failed to show the county acted with “gross and wanton negligence” because it was unaware the sloped sidewalk created an imminent danger. See K.S.A. 75-6104(15)(A). As a result, the county is not liable for the injuries Zaragoza sustained.
It is important to recognize the Kansas Tort Claims Act makes liability the rule, and immunity the exception. You may read the full text of these cases at the link provided below to learn more about the application of recreational use exception in this situation.
https://kscourts.gov/KSCourts/media/KsCourts/Opinions/126732.pdf?ext=.pdf