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Old 10-17-2009, 09:24 AM
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Default DNR Immunity Rule Letter

SUBJECT: Recreational Immunity Law (RCW 4.24.210)

MESSAGE: Hello (your Reps)

My name is ______________ and I live in your represented area. My ___________ and I live in _________ County and travel all over Washington to enjoy the outdoors, whether that involves our Jeep, motorcycles, mountain bikes, or on atv's with our friends. I am writing to you in an effort to bring up an issue with the Recreational Immunity Law. There is a very small phrase with a very large negative impact on our recreational lands that is included in this statute that should be removed. The phrase that needs to be removed is "known dangerous, artificial, latent condition"

In context with the rest of the law, it essentially means if a landowner knowingly leaves something that matches that phrase on their land without warning signs they are potentially responsible for an injury. This also brings up other liability issues. As other states have recognized, those who recreate on public or private lands should be responsible for their own actions. The "gray area" caused by this phrase should be removed so agencies like DNR can continue to provide recreational opportunities for all to enjoy. All states have these types of laws, but Washington state includes that phrase and it intimidates landowners both public and private to the point where they are closing these recreational areas or refuse to improve them so they don't intentionally create a liability.

Not only does this greatly affect lands where we currently recreate, but also access to future areas (both private and public). Please be sure to bring this issue up in the next legislative session. It is time for our society to start taking responsibility for their own actions in all areas of their lives whether it is financial, recreational,or otherwise.

Best regards,

[YOUR NAME]
[CITY]
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Old 10-17-2009, 09:25 AM
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I've had some pretty good discussion regarding this with one legislator, but am not in a position to comment now. I would hope some of you are already aware of it, and are putting some pressure on your reps!!
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Old 10-18-2009, 10:27 AM
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Thanks for getting this here!!!
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Old 10-18-2009, 12:20 PM
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This will help as well at least for washington residents.
Look up your reps.

http://apps.leg.wa.gov/DistrictFinder/Default.aspx
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Old 10-19-2009, 06:14 PM
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Default Email from Sen. Brandland

I received this today from Sen. Brandland's office......



10/19/09

Leonard, Thank you for your message regarding Recreational Immunity Law (RCW 4.24.210 - "liability of owners or others in possession of land and water areas for injuries to recreation users - limitations." 1967).

Legislative intent regarding the above is stated "Nothing in this section shall prevent liability of a landowner or others in lawful possession and control for injuries sustained to users by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted."

In 2001, the Washington State Supreme Court found in favor of the state in Davis v/ State of Washington explaining that an injured recreational user must prove all four elements in the injury-causing condition or the landowner is not liable: 1) known 2) dangerous 3) artificial and )4 latent.

Over the past six years legislation has been brought before the body addressing liability which have not been adopted. Several measures dealt with a access fee to be used in immunity statute. As this is of interest to you and family, I will keep informed whether something does come up in the 2010 session.
Thank you for bringing this to my attention.

Senator Dale E. Brandland


Bunny Hooper
Sr. Legislative Assistant
Senator Dale E. Brandland
360-786-7682
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