DEGEL v. MAJESTIC MOBILE MANOR, INC.

No. 62312-1.

914 P.2d 728 (1996)

129 Wash.2d 43

James DEGEL, as guardian for Jason Farris, and Gary H. Farris, Appellants, v. MAJESTIC MOBILE MANOR, INC., and Robert D. Tate and Vivian E. Tate, husband and wife, Respondents.

Supreme Court of Washington, En Banc.

April 18, 1996.


Attorney(s) appearing for the Case

Thorsrud, Cane & Paulich, Russell C. Love, Seattle, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, Timothy J. Whitters, Linda C.J. Young, Tacoma, Amicus Curiae, Washington Defense Trial Lawyers.

Samuel Pemberton, Jr., Tacoma, for Appellants.

Burgess, Fitzer, Leighton & Phillips, P.S., Fredrick R. Burgess, Tacoma, for Respondents.


GUY, Justice.

This premises liability action was brought on behalf of a small child who was seriously injured when he slid down a steep embankment and into a fast-flowing creek adjacent to the play area near his home. The trial court dismissed the action on summary judgment, ruling as a matter of law that a landowner has no duty to protect an invitee from dangers inherent in a natural body of water.

We granted direct review and reverse. We hold that a landowner...

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