The town claimed that it was entitled to
recreational use immunity because the boys were engaging in a recreational activity when the injury occurred.
The court rejected the government's first argument for immunity but agreed that the government was entitled to
recreational use immunity.
Under the state's statute, once it is determined that recreational
use immunity applies, it can be overcome if the plaintiff shows that the landowner knew of the hazard but failed to warn the public.
Developing Myself (new) Identify and make progress toward a high - level leadership goal with the support of your
peers using the Immunity to Change Process.
Importantly, the Supreme Court of Canada held in R. v. Jarvis that evidence validity obtained during the «auditing» stage of a tax investigation can be used against a taxpayer at the «investigative» stage; there is no
derivate use immunity.
The Supreme Court has previously held that states may issue use and derivative
use immunity testimony that is binding upon the federal and state government.
These protections include the right against self - incrimination and to
derivative use immunity, grounded in sections 13 and 7 of the Charter, respectively.
While
recreational use immunity may act to prevent some Indiana premises liability lawsuits, the burden rests upon the landowner to prove that immunity should attach, and in many cases, immunity will not be appropriate.
Federal grand jury witnesses get only «
use immunity,» meaning the prosecutor could not use the murder confession in court but could still convict the killer on other proof.
The town argued that it was entitled to recreational
use immunity.
It is not surprising that the UK and other governments have abandoned it under pressure in commercial transactions, accepting that it damaged trade because businesses feared governments would
use immunity to escape contractual obligations.
These cases often involve issues of governmental or recreational
use immunity, so a dedicated attorney experienced in these matters should be consulted prior to filing your case.
There are two types of witness immunity, transaction (aka blanket immunity) and
use immunity.
Thus, the city was entitled to recreational -
use immunity.
Under Section 14 -22-10-2 of the Indiana Code, recreational -
use immunity is granted to landowners who open their land to the public at no cost for the purpose of «swimming, camping, hiking, sightseeing,» or any other recreational purpose.