Swinehart v. City of Spokane

Kulik, A.C.J.

¶1 Under the recreational use statute, RCW 4.24.200 and .210, landowners who allow the public to use their land for recreational purposes are generally immune from liability. An exception to the general immunity is for injury-causing conditions that are latent. William Swinehart and Heidi Swinehart brought this action seeking damages for back injuries he sustained after sliding down the “Red Wagon” slide at Riverfront Park in Spokane, Washington.

¶2 Mr. Swinehart argues that the improperly maintained playground fill constituted a latent condition. We disagree because the condition…