Recently the Washington State Department of Transportation closed Don Pugnetti Park in downtown Tacoma and put it up for sale. One of the reasons it gave for the closure was the public liability and related costs the park represents.
A closer look at the situation will show that the park comes under Washington State Recreation Immunity Statute, RCW 4.24.210. In summary the statute provides immunity to the owners of property that have been put aside for the enjoyment of the public as long as there is no admission fee charged and there are no known dangerous artificial latent conditions. The …