SENATE BILL REPORT

SB 6495

BYSenators Patrick, Rasmussen and Metcalf

Protecting recreational landowners from suit.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 29, 1990; January 31, 1990

Majority Report:  Do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Newhouse, Patrick, Rasmussen, Thorsness.

Senate Staff:Richard Rodger (786-7461)

                  February 13, 1990

AS PASSED SENATE, FEBRUARY 12, 1990

BACKGROUND:

Public and private landowners who allow the public to use their lands for recreational purposes, free of charge, are not liable for unintentional injuries occurring to the user.  Landowners may be held liable if the injury occurred by reason of a known, dangerous, artificial, latent condition.

Attorney fees are only awarded by the court when provided for by statute or by a contract between the parties.

SUMMARY:

Unless the plaintiff establishes that a landowner, who provides recreational access to his or her land without charging a fee, was willfully guilty of a malicious act which led directly to his or her injury or loss, the plaintiff shall be liable for all direct and indirect costs incurred by the landowner in defending the lawsuit.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested

Senate Committee - Testified: No one