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Estate of Gordon-Couture v. Brown5/23/2005
eriod in which there was a movement among many States to provide immunity to landowners through recreational use statutes. In addition, the language of RSA 212:34 and RSA 508:14, I, is similar to that of numerous other States and the model act. Compare RSA 212:34, I & II with Suggested State Legislation, supra at 151 secs. 3 & 4 and RSA 508:14, I with Or. Rev. Stat. ยง 105.682 (2003). Therefore, it is appropriate to look to similar statutes from other jurisdictions for guidance in interpreting RSA 212:34 and RSA 508:14, I.
Finally, as the First Circuit aptly noted, statutes in derogation of the common law should be narrowly construed. See Collins, 17 F.3d at 4. Because the legislature did not clearly abrogate the common law duties of landowners toward all entrants on land, we narrowly construe RSA 212:34 and RSA 508:14, I, as providing immunity only to landowners who open their land to the general public. Accordingly, we decline to adopt the holding in Collins.
Here, the defendants' land was used for a private birthday party, which was not open to the general public. Therefore, RSA 212:34 and RSA 508:14, I, do not apply.
Reversed and remanded.
BRODERICK, C.J., and NADEAU, DALIANIS and GALWAY, JJ., concurred.
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