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3/18122, 8:31 AM RCW 4.24.210: Liability of owners or others in possession of land and water areas for injuries to recreation users -Known danger...
<br />RCW 4.24.210
<br />Liability of owners or others in possession of land and water areas for injuries to
<br />recreation users ----Known dangerous artificial latent conditions—Other limitations.
<br />(1) Except as otherwise provided in subsection (3) or (4) of this section, any public or private
<br />landowners, hydroelectric project owners, or others in lawful possession and control of any lands
<br />whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such
<br />areas or channels, who allow members of the public to use them for the purposes of outdoor recreation,
<br />which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private
<br />persons for their personal use without purchasing the firewood from the landowner, hunting, fishing,
<br />camping, picnicking, swimming, hiking, bicycling, skateboarding or other nonmotorized wheel -based
<br />activities, aviation activities including, but not limited to, the operation of airplanes, ultra -light airplanes,
<br />hang gliders, parachutes, and paragliders, rock climbing, the riding of horses or other animals, clam
<br />digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, kayaking,
<br />canoeing, rafting, nature study, winter or water sports, viewing or enjoying historical, archaeological,
<br />scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional
<br />injuries to such users.
<br />(2) Except as otherwise provided in subsection (3) or (4) of this section, any public or private
<br />landowner or others in lawful possession and control of any lands whether rural or urban, or water areas
<br />or channels and lands adjacent to such areas or channels, who offer or allow such land to be used for
<br />purposes of a fish or wildlife cooperative project, or allow access to such land for cleanup of litter or other
<br />solid waste, shall not be liable for unintentional injuries to any volunteer group or to any other user's.
<br />(3) Any public or private landowner, or others in lawful possession and control of the land, may
<br />charge an administrative fee of up to twenty-five dollars for the cutting, gathering, and removing of
<br />firewood from the land.
<br />(4)(a) Nothing in this section shall prevent the liability of a landowner or others in lawful
<br />possession and control for injuries sustained to users by reason of a known dangerous artificial latent
<br />condition for which warning signs have not been conspicuously posted.
<br />(i) A fixed anchor used in rock climbing and put in place by someone other than a landowner is
<br />not a known dangerous artificial latent condition and a landowner under subsection (1) of this section
<br />shall not be liable for unintentional injuries resulting from the condition or use of such an anchor.
<br />(ii) Releasing water or flows and making waterways or channels available for kayaking, canoeing,
<br />or rafting purposes pursuant to and in substantial compliance with a hydroelectric license issued by the
<br />federal energy regulatory commission, and making adjacent lands available for purposes of allowing
<br />viewing of such activities, does not create a known dangerous artificial latent condition and hydroelectric
<br />project owners under subsection (1) of this section shall not be liable for unintentional injuries to the
<br />recreational users and observers resulting from such releases and activities.
<br />(b) Nothing in RCW 4.24.200 and this section limits or expands in any way the doctrine of
<br />attractive nuisance.
<br />(c) Usage by members of the public, volunteer groups, or other users is permissive and does not
<br />support any claim of adverse possession.
<br />(5) For purposes of this section, the following are not fees:
<br />(a) A license or permit issued for statewide use under authority of chapter 79A.05 RCW or Title
<br />77 RCW;
<br />(b) A pass or permit issued under RCW 79A.80.020, 79A.80.030, or 79A.80.040;
<br />(c) A daily charge not to exceed twenty dollars per person, per day, for access to a publicly
<br />owned ORV sports park, as defined in RCW 46.09.310, or other public facility accessed by a highway,
<br />street, or nonhighway road for the purposes of off-road vehicle use; and
<br />(d) Payments to landowners for public access from state, local, or nonprofit organizations
<br />established under department of fish and wildlife cooperative public access agreements if the landowner
<br />https:llapp.leg.wa.gov/rcwldefoult.aspx?cite=4.24.210 112
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