AN ACT Relating to governmental liability for hazardous recreational activity; and adding a new section to chapter 4.96 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) No public entity or public employee is liable for injury to property or persons arising out of a hazardous recreational activity to:

(a) A person who participates in that hazardous recreational activity;

(b) A person who assists the participant in that hazardous recreational activity; or

(c) A spectator who knew or should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to leave failed to do so.

(2) As used in this section, "hazardous recreational activity" means a recreational activity conducted on public property that creates a substantial, as distinguished from a minor, trivial, or insignificant, risk of injury to a participant or a spectator, including but not limited to:

(a) Water contact activities, except diving, in places where or at a time when lifeguards are not provided and reasonable warning thereof has been given or the injured party should reasonably have known that there was no lifeguard provided at the time;

(b) Any form of diving into water from other than a diving board or diving platform, or at any place or from any structure where diving is prohibited and reasonable warning thereof has been given; or

(c) Animal riding, including equestrian competition, archery, bicycle racing or jumping, boating, cross-country and downhill skiing, hang gliding, kayaking, motorized vehicle racing, off-road motorcycling or four-wheel driving of any kind, orienteering, pistol and rifle shooting, rock climbing, rocketeering, rodeo, spelunking, sky diving, sport parachuting, sports in which it is reasonably foreseeable that there will be rough bodily contact with one or more participants, surfing, trampolining, tree climbing, tree rope swinging, water skiing, white water rafting or wind surfing.

(3) Notwithstanding the provisions of subsection (1) of this section, this section does not limit liability which would otherwise exist for any of the following:

(a) Failure of the public entity or employee to guard or warn of a known dangerous condition or of another hazardous recreational activity known to the public entity or employee that is not reasonably assumed by the participant as inherently a part of the hazardous recreational activity out of which the damage or injury arose;

(b) Damage or injury suffered in any case where permission to participate in the hazardous recreational activity was granted for a specific fee. For the purpose of this subsection, "specific fee" means a fee charged for participation in the specific hazardous recreational activity out of which the damage or injury arose. A specific fee does not include a fee or consideration charged for a general purpose such as a general park admission charge, a vehicle entry or parking fee, or an administrative or group use application or permit fee;

(c) Injury proximately caused by the negligent failure of the public entity or employee to properly construct or maintain in good repair any structure, recreational equipment or machinery, or substantial work of improvement used in the hazardous recreational activity out of which the damage or injury arose;

(d) Damage or injury suffered in any case where the public entity or employee recklessly or with gross negligence promoted the participation in or observance of a hazardous recreational activity. For purposes of this subsection, promotional literature or a public announcement or advertisement which merely describes the available facilities and services on the property does not in itself constitute a reckless or grossly negligent promotion;

(e) An act of gross negligence by a public entity or employee which is the proximate cause of the injury.

Nothing in this subsection creates a duty of care or basis of liability for personal injury or for damage to personal property.

(4) Nothing in this section limits the liability of an independent concessionaire, or any person or organization other than the public entity, whether or not the person or organization has a contractual relationship with the public entity to use the public property, for injuries or damages suffered in any case as a result of the operation of a hazardous recreational activity on public property by the concessionaire, person, or organization.

NEW SECTION. Sec. 2. Section 1 of this act is added to chapter 4.96 RCW.