Gibson v. Keith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Delaware’s recreational use statute limits the liability of owners only if they directly or indirectly invite or permit the public at large to use their property, without charge, for recreational or educational purposes
• finding official commentary from drafters of a model act persuasive in interpreting the act as enacted in the Delaware Code
• construing a statute identical to Pennsylvania’s Recreation Use Statute and determining that it is “not applicable to urban or residential areas improved with swimming pools, tennis courts and the like”
• “a landowner who undertakes affirmatively either to warn or bar the public from entry cannot assert the statute as a bar to a tort claim”
• “we find [the act] not applicable to urban or residential areas improved with swimming pools, tennis courts, and the like”
• strict rather than liberal construction of legislation in derogation of the common law is the rule

Source: CourtListener parenthetical corpus (CC0).