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Feldman v. Salt Lake City Corp., 2021 UT 4 (Jan. 28, 2021)

Jan 28, 2021

Plaintiffs brought suit against a municipality after a family member was caught in a creek current while walking dogs in a historic nature park.  The district court dismissed based on an application of Utah’s Limitations on Landowner Liability Act.  Reversing, the supreme court held (a) section 401 of the Act did not violate the Wrongful Death Clause of the Utah Constitution, but (b) the district court erred in granting the motion to dismiss, because plaintiffs sufficiently alleged that the drowning was not caused by an inherent risk of the recreational activities at issue.  In doing so, the court clarified the test for determining whether a risk was an integral and natural part of a given activity under the Limitations on Landowner Liability Act.