Plaintiff Florence Stanley, individually and as mother and next friend of Laura Stanley, appeals from a summary judgment of the Superior Court (Cumberland County) rendered in favor of defendants, Tilcon Maine, Inc., Tilcon Minerals, Inc., and Tilcon Quarries Maine, Inc. The Superior Court concluded that plaintiffs claim is barred by the Recreational Use Statute (14 M.R.S.A. § 159-A (1980 & Supp.1987)).
On appeal, plaintiff contends that a minor’s claim based on the common law doctrine of attractive nuisance 1 is not barred by the statute. Alternatively plaintiff contends that the statute affords no protection to the owners of a commercial sandpit. Finding no error, we affirm the judgment of the Superior Court and deny defendants’ request for reimbursement of their legal expenses.
We have not previously considered the potential impact of the statutory limitation of liability for recreational use upon the judicially-created liability, with respect to minors, for the maintenance of an attractive nuisance. Because statutory law has the ability to displace common law doctrine, in whole or in part, we must first examine the statute to determine whether it applies on the facts of this case. The statute provides the following limitation on the liability of landowners:
An owner, lessee or occupant of premises shall owe no duty of care to keep the premises safe for entry or use by others for recreational or harvesting activities or to give warning of any hazardous condition, use, structure or activity on these premises to persons entering for those purposes.
14 M.R.S.A. § 159-A(2) (1980). “Premises” are defined as “improved and unimproved lands, private ways, any buildings or structures on those lands and waters standing on, flowing through or adjacent to those lands.” 14 M.R.S.A. § 159-A(1)(A) (1980). “Recreational or harvesting activities” are defined as
recreational activities conducted out of doors, including hunting, fishing, trapping, camping, hiking, sight-seeing, operation of snow-traveling and all-terrain vehicles, skiing, hang-gliding, boating, sailing, canoeing, rafting or swimming or activities that involve harvesting or gathering forest products. It shall include entry, use of and passage over premises in order to pursue these activities.
14 M.R.S.A. § 159-A(1)(B) (Supp.1987).
Plaintiff contends that the statute does not apply to this case because it does not expressly refer to entry or use by minors. The statute, however, refers without differentiation to “use by others.” When the language of the statute is clear and unambiguous, we will give the statute its plain meaning.
State Farm Mut. Auto. Ins. Co. v. Universal Underwriters Ins. Co.,
Plaintiff next contends that the statute does not apply to owners of commercial property. A plain reading of the statute, however, does not support plaintiff’s argument. The term “premises” is statutorily defined as “improved and unimproved lands, private ways, any buildings or structures on those lands... .” 14 M.R. S.A. § 159-A(1)(A). Such a definition provides no basis for distinguishing between commercial and noncommercial premises. Moreover, it is clear that the Legislature intended to include within the purview of the statute the commercial woodlands in rural Maine that are rich with opportunities for hunting, fishing, and other recreational activities. Finally, plaintiff contends that the statute does not apply to owners who manifest an intent that the property not be used for recreational purposes. Although plaintiff correctly argues that one of the purposes of the statute is the encouragement of landowners to allow recreational use of their lands, the statutory limitation of liability is neither expressly nor implicitly conditioned upon the agreement of the landowner. We hold that the Superior Court correctly granted summary judgment on the basis of section 159-A.
Defendants made no claim in the Superi- or Court for their legal costs,
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and it is not open to them to make that belated claim here.
See Graybar Elec. Co. v. Sawyer,
The entry is:
Judgment affirmed.
All concurring.
Notes
. The doctrine creates liability under certain conditions for "[a] possessor of land ... for physical harm to children trespassing thereon caused by an artificial condition upon the land.”
Jones v. Billings,
. The basic changes in the statute from its original enactment in 1961 to its most recent amendment in 1985 involved broadening the definition of "recreational or harvesting activities." The history of 14 M.R.S.A. § 159-A is as follows: The statute was first enacted by P.L.1961, ch. 276, entitled "An Act Relating to Liability of Landowners Towards Hunters, Fishermen, Trappers, Campers, Hikers, or Sightseers” and provided that landowners owed no duty to others who used their premises for "hunting, fishing, trapping, camping, hiking or sightseeing.” R.S. ch. 37, § 152 (1954). "Premises" was defined as "lands, private ways and any buildings and structures thereon.” R.S. ch. 37, § 152(V) (1954). It was codified in 1964 under 12 M.R. S.A. §§ 3001-3005. In 1969, it was amended to include within the list of activities, operation of
. 14 M.R.S.A. § 159-A(4) (1980) provides:
4. Limitations on section. This section shall not limit the liability which would otherwise exist:
A. For a willful or malicious failure to guard or to warn against a dangerous condition, use, structure or activity;
B. For an injury suffered in any case where permission to pursue any recreational or harvesting activities was granted for a consideration other than the consideration, if any, paid to the landowner by the State; or
C. For any injury caused, by acts of persons to whom permission to pursue tiny recreational or harvesting activities was granted, to other persons to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.
. 14 M.R.S.A. § 159-A(6) (Supp.1987) provides: "The court shall award any direct legal costs, including reasonable attorneys’ fees, to an owner, lessee or occupant who is found not to be liable for injury to a person or property pursuant to this section.”
