1. The recreational use exception to the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., is not limited to outdoor areas or to areas intended for physical activity.
2. The recreational use exception to the Kansas Tort Claims Act depends on the character of the property in question and not the activity performed at any given time; the plain wording of the statute only requires that the property be intended or permitted to be used for recreational purposes, not that the injury occur as the result of recreational activity.
3. Immunity under K.S.A. 75-6104(o) extends to a parking lot integral to public property intended or permitted to be used as a park, playground, or open area for recreational purposes, including a library.
4. To constitute wantonness the act must indicate a realization of the imminence of danger and a reckless disregard or a complete indifference or an unconcern for the probable consequences of the wrongful act.
Source: KS Court of Appeals
