Davis v. State

30 P.3d 460
CourtWashington Supreme Court
DecidedSeptember 6, 2001
Docket70212-8
StatusPublished
Cited by20 cases

This text of 30 P.3d 460 (Davis v. State) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. State, 30 P.3d 460 (Wash. 2001).

Opinion

30 P.3d 460 (2001)
144 Wash.2d 612

Joseph P. DAVIS, Petitioner,
v.
STATE of Washington, Respondent.

No. 70212-8.

Supreme Court of Washington, En Banc.

Argued May 8, 2001.
Decided September 6, 2001.

*461 Messina Law Firm, Stephen Louis Bulzomi, Tacoma, for Petitioner.

Christine Gregoire, Attorney General, Glen Andrew Anderson, Asst., Olympia, for Respondent.

JOHNSON, J.

The issue in this case is whether tire tracks made in sandy terrain by recreational riders leading to a naturally created drop-off constitute an artificial condition for purposes of qualifying as an exception to Washington's recreational use immunity statutes. See RCW 4.24.200, .210. We hold the injury-causing condition in this case is not artificial and the State is not liable for the petitioner's injuries.

FACTS

Joseph Davis (Davis) was injured after launching off a 20 to 30 foot drop-off while riding his motorcycle at the Beverly Dunes Recreation Area (Beverly Dunes). Beverly Dunes is located in central Washington and is owned and operated by the Washington State Department of Natural Resources (State). The sand dunes are left in their natural state and the public is permitted to ride recreational vehicles in the area free of charge.

On May 21, 1995, Davis and two friends were riding motorcycles along the sand dunes at Beverly Dunes when they encountered a relatively flat, wide open area with a slight incline. Both Davis and Matthew Atterson stated they were following a trail of tire tracks leading across the area. Looking straight ahead, it appeared to them the terrain continued as a straightaway for some distance. After a short distance, however, the tracks suddenly fell away and Davis' motorcycle launched over a steep drop-off. After falling 20 to 30 feet, Davis landed on hard, compacted sand below. As a result, Davis suffered a broken spine, resulting in paraplegia and blindness.

A sudden drop-off of 20 to 30 feet is uncharacteristic for Beverly Dunes. Typically, the terrain is relatively flat and sandy, consisting of rolling dunes with gradual elevation changes. There were no warning signs posted before the drop-off. Davis' human factors expert stated that in his expert opinion the area where the incident occurred had been changed from its natural condition by the use of recreational vehicles creating tracks leading to the drop-off. Photographs included in the record show a flat area of land with numerous tire tracks traveling in various directions, including some heading toward the drop-off.

Davis filed this suit against the State. The State moved for summary judgment, asserting it was immune from liability under Washington's recreational use immunity statutes, RCW 4.24.200 and RCW 4.24.210. The trial court granted summary judgment, concluding the injury-causing condition was not artificial and, therefore, did not quality as an exception to the statutes. The Court of Appeals affirmed, finding Davis failed to show artificiality and failed to show the State knew about the condition. Davis v. State, 102 Wash.App. 177, 6 P.3d 1191 (2000). Davis petitioned this court for review, which we granted.[1]

*462 ANALYSIS

Generally, the duty of care a landowner owes to a person depends upon whether the person is an invitee, a licensee, or a trespasser. Van Dinter v. City of Kennewick, 121 Wash.2d 38, 41, 846 P.2d 522 (1993). At common law, the recreational entrant was characterized as a "public" invitee to which landowners owed a duty of ordinary care to keep premises in a reasonably safe condition. Egede-Nissen v. Crystal Mountain, Inc., 93 Wash.2d 127, 131-33, 606 P.2d 1214 (1980). This included an affirmative duty to inspect the premises and discover dangerous conditions. Egede-Nissen, 93 Wash.2d at 132-33, 606 P.2d 1214.

Washington's recreational use statutes were intended to modify the common law duty owed to public invitees so as to encourage landowners to open their lands to the public for recreational purposes. See RCW 4.24.200. To that end, RCW 4.24.210(1) provides:

[A]ny public or private landowners or others in lawful possession and control of any lands ... who allow members of the public to use them for the purposes of outdoor recreation, which term includes ... pleasure driving of off-road vehicles ... shall not be liable for unintentional injuries to such users.

Although landowners generally are not liable for the injuries incurred by recreational users of their land, there are three limited circumstances under which liability will attach. Landowners may not escape liability if: (1) a fee for the use of the land is charged; (2) the injuries were intentionally inflicted; or (3) the injuries were sustained by reason of a known dangerous artificial latent condition for which no warning signs were posted. RCW 4.24.210(1), (3). Here, the State did not charge a fee for the use of Beverly Dunes. Davis' injuries were not intentionally inflicted. There were no warning signs posted. Thus, the only issue is whether Davis' injuries were sustained by reason of a known dangerous artificial latent condition.

In order to establish a recreational use landowner's liability, each of the four elements (known, dangerous, artificial, latent) must be present in the injury-causing condition. Ravenscroft v. Wash. Water Power Co., 136 Wash.2d 911, 920, 969 P.2d 75 (1998). The elements modify the term "condition," rather than modifying one another. Ravenscroft, 136 Wash.2d at 920, 969 P.2d 75. If one of the four elements is not present, a claim cannot survive summary judgment.

For purposes of RCW 4.24.210, the meaning of "artificial" is the ordinary meaning. Ravenscroft, 136 Wash.2d at 922, 969 P.2d 75. As defined in Webster's, "artificial" means "contrived through human art or effort and not by natural causes detached from human agency: relating to human direction or effect in contrast to nature: a: formed or established by man's efforts, not by nature." Webster's Third New International Dictionary 124 (1986). Under the facts of this case, there is no question the drop-off is a naturally occurring condition.

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