HOUSE BILL REPORT

SB 6495

BYSenators Patrick, Rasmussen and Metcalf

Protecting recreational landowners from suit.

House Committe on Judiciary

Majority Report:  Do pass as amended.  (12)

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

Minority Report:  Do not pass.  (4)

      Signed by Representatives Brough, Forner, Schmidt and Tate.

House Staff:Pat Shelledy (786-7149)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 22, 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 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.

Attorney's fees are generally born by the individual parties except as provided by statute.  The prevailing party in an action in superior court is entitled to reasonable costs and expenses unless specifically provided otherwise by statute. The term "costs" does not include reasonable attorney's fees except for statutory attorney's fees of $125.

SUMMARY:

BILL AS AMENDED:  In a civil lawsuit against a public or private landowner for personal injury or wrongful death to recreational users of the owner's land, upon motion of the prevailing party, the court may award reasonable attorney's fees and expenses to the prevailing party.  The court may deny or reduce the award if the court finds special circumstances exist.

AMENDED BILL COMPARED TO ORIGINAL:  The original provision was stricken entirely.  The original provision provided that the plaintiff would be required to pay for the all direct or indirect costs incurred in defending the lawsuit unless the plaintiff established that the act which led to the plaintiff's injuries was wilful and malicious.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Rod Morgenthaler, Public Land Users Society.

House Committee - Testified Against:      Dennis Martin, Washington State Trial Lawyers Association.

House Committee - Testimony For:    Landowners who allow the public to use their lands for recreation should be protected from the costs of defending themselves in lawsuits unless the landowner acts maliciously.  The public benefits from the landowner's willingness to allow the public to use the landowners lands.  Landowners subject to liability may stop public access.

House Committee - Testimony Against:      The bill would require plaintiffs to pay the defense costs and fees even if the plaintiff prevailed under the substantive provisions of the statute.  The existing law adequately protects the landowners.