When the injured person entered the property without paying any fee to the landowner and is taking part in recreational use of the land.
ALM GL ch. 21, § 17C Essentially states:
A landowner who lawfully permits the public to use such land for recreational, conservation, scientific, educational, environmental, ecological, research, religious, or charitable purposes without imposing a charge or fee, shall not be liable for personal injuries or property damage sustained by such members of the public.
Where Defendants were entitled to immunity as a matter of law under Mass. Gen. Laws Ann. ch. 21, § 17C from tourists’ negligence claims that arose during a tour. The tourists paid neither a direct nor an indirect fee to enter or tour the church and touring is considered to be a recreational activity under the statute.
See. Patterson v. Christ Church,85 Mass. App. Ct. 157(Mass. App. Ct.2014)
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