A woman and her niece were riding their bicycles on a public trail in Pierce County. As they approached and passed a lawn mower it expelled a cloud of dust and debris. The woman shielded her face and swerved, clipping her niece’s bike. The woman fell and injured her knee and elbow.
Please note: Our firm was not involved in this case.
The woman sued Pierce County. The trial court dismissed the case. The Washington State Supreme Court upheld the dismissal. Lockner v. Pierce County, ____ Wn. 2d ____ (No. 94643-4 April 19, 2018).
A Washington landowner is not liable for unintentional injuries if the landowner opens the land to the public for recreational purposes free-of-charge. The land does not have to be open exclusively for recreational purposes. The owner of multi-purpose land is also immune from liability.
This recreational use rule was confirmed by the Washington State Supreme Court. Whether the recreational use statute applies involves an analysis of the particular facts and circumstances. If unsure, consult with a personal injury attorney