HOUSE BILL REPORT

SB 5424

BYSenators Metcalf, Amondson, DeJarnatt and Patterson

Providing for landowner liability protection for volunteer projects.

House Committe on Judiciary

Majority Report:  Do pass as amended.  (12)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Dellwo, Forner, Hargrove, Inslee, H. Myers, Scott, D. Sommers and Wineberry.

Minority Report:  Do not pass.  (5)

      Signed by Representatives Brough, R. Meyers, Moyer, Schmidt and Tate.

House Staff:Pat Shelledy (786-7149)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 22, 1990

BACKGROUND:

The recreational land use statute changed common law governing a landowner's liability to a person who was an "invitee" on the landowner's property. At common law, a person who used lands of a landowner for recreational purposes was considered an "invitee." Landowners owe invitees a duty of ordinary care to keep premises reasonably safe, which includes an affirmative duty to inspect the premises and discover dangerous conditions. Prior to enactment of the recreational use statute, the landowner was liable for injuries caused by a dangerous condition of the land about which the landowner knew or should have known. The policy of the state when enacting the recreational use statute was to encourage landowners to make their lands available to the public for recreational purposes. Public and private landowners who allow the public to use their land for recreational purposes, free of charge, are not liable for unintentional injuries occurring to the users. Landowners may be liable for an injury if the injury was a result of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted. Further, the limitation of liability does not abridge liability under the doctrine of attractive nuisances.

Persons who may want to use landowner's lands for a fish or wildlife cooperative or who may participate in a litter cleanup program on another's lands, are not covered by the recreational use statute, but may be considered "invitees" under common law.  Thus, landowners owe a duty of ordinary care to inspect their premises and discover dangerous conditions which may cause injury to the volunteers or persons involved in the fish or wildlife cooperative project.

SUMMARY:

BILL AS AMENDED:  The recreational land use statute is expanded to provide that public or private landowners, who allow access to their lands without charging a fee of any kind, for a fish or wildlife cooperative or for a litter cleanup program, are immune from liability for unintentional injuries to those users.  Landowners will still be liable under the statute for intentional injuries or for the failure to warn users of a known artificial dangerous condition which causes the injury.

AMENDED BILL COMPARED TO ORIGINAL:  Language is added allowing immunity only if the landowner does not charge a fee of any kind.  Reference to volunteer groups who engage in litter cleanup programs is stricken so the statute simply refers to "users."

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    No one.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    None.

House Committee - Testimony Against:      None.