Weitzen

Marilyn J. Miller was injured when the horse she was riding slipped on a portion of a public riding trail that crosses over the driveway of Janice and Jeffrey Weitzen (together the Weitzens). In this appeal, we must determine whether Civil Code section 846, which immunizes property owners from liability arising from the recreational use of their property, applies to protect the Weitzens and, if so, whether the statutory exception for persons who enter property “for a consideration” is triggered by Miller’s payment of trail maintenance fees to her riding club. In addition, we must determine whether the trial court properly instructed the jury on the appropriate standard of care required of persons protected by section 846. As we resolve each of these questions in favor of the Weitzens, and in accordance with the challenged rulings of the trial court, we affirm the judgment.

FACTS

On November 3, 2001, Miller was riding her horse along a public riding trail adjacent to San Elijo Road in San Diego County. The horse lost its footing on the surface of the trail at the point where the trail crossed over the Weitzens’ driveway. Both horse and rider fell to the ground, and…