In February 2001, Brody Kenison was riding his snowmobile in Jefferson when he ran into a snow grooming machine. The machine was owned by Waumbek which is a non-profit snowmobile club. Mr. Kenison died and his estate sued the driver of the snow groomer and the snowmobile club.
The snowmobile club claimed that they were immune from liability because of the recreational use statute in New Hampshire. Well, The NH Supreme Court disagreed because it said that the club was not an owner, lessee or occupant of the land because they did not have the ability to permit people to access the land. Since they just groomed and took care of the land, then the statute does not protect them.
The court sent the case back to the trial court level.
Jim
Dave