Question: What is “Indiana Recreational Use Statute (IRUS)”?
Answer: It is an Indiana statute that protects landowners from personal injury claims when the landowner opens their property to the public for recreational use. The purpose of the IRUS is to encourage landowners to open their property to the public for recreational purposes free of charge. By denying certain persons legal recourse for personal injury or property damage, the IRUS is in derogation of common law and must accordingly be strictly construed against limiting the claimant’s right to bring suit. The statute states that a person who goes upon or through the premises, including caves, of another:
(1) with or without permission; and
(2) either: (A) without the payment of monetary consideration; or (B) with the payment of monetary consideration directly or indirectly on the person’s behalf by an agency of the state or federal government; for the purpose of hunting, fishing, swimming, trapping, camping, hiking, sightseeing or any other purpose does not have an assurance that the premises are safe for the purpose.
Further, owner of the premises does not:
(1) assume responsibility; or
(2) incur liability; for an injury to a person or property caused by an act or failure to act of other persons using the premises.
