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Does anybody know about a recent Washington State Law about rock climbing/dangerous activities on personal property? I think it was a law that prohibited people from filing lawsuits against property owners when those same people were doing dangerous activities on the property owner's lands. It was a way for property owners (like Rainier Timber Company) to open their private lands to users.

 

Has anybody heard of this and could point in the direction of the law and when it was signed?

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Posted

Here's a link to the thread in the Access forum where it came up, there's more information, bill numbers, and other links there. Climbing Lawsuit Protection Thread It's essentially an addendum to an already existing law that says landowners are not liable for recreational use of their property. The new bill clears up any questions regarding landowner liability for fixed anchors. I believe Andy Fitz contributed the wording to the bill. It doesn't actually stop someone from suing you, any more than waivers do, since people can sue for whatever they want, law or no law.

Posted

Jason Martin and I are including detailed information on this in our upcoming guidebook. You can contact me offline if you want to know any more than what the links posted above provide already.

 

Bottom line, though, is that private property owners have no obligation to support your climbing activities, and its up to you to ask for permission when using private proprty, establish a positive rapport with them, and respect their wishes if they deny you access.

 

For really detailed info you can talk to The Access Fund.

Posted

It doesn't actually stop someone from suing you,

 

???

 

Well sure they could file a suit, but as was discussed in the other thread, you sinply note up a summary judgment motion or a CR12(b)(6) motion and it would be dismised. Then you bring a seciond motion under RCW 4.84.185 to get your fees and costs, and CR 11 gets the attorney sanctioned personally. And yes, it does work. bigdrink.gif

 

Keep in mind this will clear up what most already belived prevented suits against LANDOWNERS that are not charging a fee. wave.gif

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