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Keywords

liabilitystatuteappealtrial

lawsuitstatutetrialverdictmotionsummary judgment

Related Cases

Nielsen v. Port of Bellingham, 107 Wash.App. 662, 27 P.3d 1242

Facts

Joyce Nielsen visited Dr. Sheldon Wilkins aboard his moored yacht at Squalicum Harbor. After consuming alcohol, she was warned about the slippery dock but fell on algae-covered wood as she left the boat, resulting in a broken wrist. The Port of Bellingham, which owned the marina, had not adequately maintained the dock, which was known to be slippery, especially in wet conditions. The Port claimed immunity under the recreational use statute, asserting that it allowed public access to the docks without charging fees.

On the evening of November 2, 1994, Joyce Nielsen visited Dr. Wilkins aboard the Cadenza. … After filing a timely claim with the Port as required by RCW 4.96.020, Nielsen brought this lawsuit claiming that the Port negligently maintained the float at Gate One, proximately causing her fall and injuries.

Issue

Was Joyce Nielsen a recreational user under the recreational use statute, thereby entitling the Port of Bellingham to immunity from liability for her injuries?

The Port argues that the trial court erred when it denied the Port's pre-and posttrial motions, contending that it is immune from Nielsen's suit because it allows members of the public to use its floats and docks for recreational purposes without charging a fee of any kind to such users.

Rule

The recreational use statute provides immunity to landowners who allow public use of their property for outdoor recreation without charging a fee, but this immunity does not apply if the user is not engaged in recreational activities.

The relevant portion of RCW 4.24.210(1) states: '[A]ny public or private landowners … of … water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation … without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users.'

Analysis

The court determined that Nielsen was not a recreational user because she was visiting a paying moorage customer, Dr. Wilkins, and was not using the dock for recreational purposes. The court emphasized that the purpose of the marina was commercial, primarily serving paying customers, and that the recreational use statute did not apply in this context. The court compared the case to previous rulings where immunity was denied when the property was primarily used for commercial purposes.

The court determined that Nielsen was not a recreational user because she was visiting a paying moorage customer, Dr. Wilkins, and was not using the dock for recreational purposes.

Conclusion

The Court of Appeals affirmed the trial court's ruling, concluding that the Port of Bellingham was not entitled to immunity under the recreational use statute because Nielsen was an invitee, not a recreational user.

In sum, the recreational use statute provides the Port with no immunity from Nielsen's suit, and the trial court properly denied the Port's motions for summary judgment and judgment notwithstanding the verdict.

Who won?

Joyce Nielsen prevailed in the case because the court found that she was an invitee and that the Port of Bellingham was not entitled to immunity under the recreational use statute.

The Port's maintenance manager testified that although other floats at the facility were periodically pressure washed, the float at Gate One was not.

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