Johnson v. Unocal Corp.

Under Civil Code section 846, landowners who permit others to use their property for recreational purposes, are immune from liability for injuries suffered by such recreational use of their land.

A company owns land which it allows the public to use without charge for recreation purposes. Groups or persons using the land must sign a form which, among other things, obligates the user of the land to hold the company harmless from damages for injuries arising out of the use of the land.

We hold that under section 846 the company enjoys immunity from liability for recreational use of its land, and that the hold harmless clause does not constitute consideration which would except the company from the immunity provisions of section 846.

In an earlier appeal in this matter, we reversed summary judgment granted-respondent Unocal Corporation (Unocal) to give appellant, Michael R. Johnson (Johnson), an opportunity to discover whether there are facts showing Unocal received consideration for his use of Unocal’s picnic grounds within the meaning of section 846.

Through discovery Johnson learned that his employer, Abex Corporation (Abex), executed an agreement with Unocal which,…