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When you set out for a day of fun—whether it’s boating on Lake Washington, snowboarding at Stevens Pass, swimming at a park, or riding an ATV in the woods—the last thing you expect is for your life to be turned upside down by a serious injury. Unfortunately, recreational accidents happen more often than people realize. And when they do, the physical pain is only part of the trauma. You may be left with overwhelming medical bills, lost wages, and deep uncertainty about what comes next.
In Washington, the rules around recreational injuries can be complicated. Many activities involve a certain level of risk, and sometimes businesses or property owners try to avoid responsibility by having participants sign waivers. But not all injuries are the fault of the person who got hurt—and not all waivers are enforceable.
If you or someone you love has been seriously hurt during a recreational activity, and you suspect it wasn’t just “bad luck,” you may be wondering: Do I have any legal rights? This blog will walk you through what Washington law says about recreational injuries, how fault is determined, and what you can do to protect your rights.
What Counts as a Recreational Injury?
Recreational injuries can happen during activities that people do for fun and in many different settings, including:
- Boating or jet skiing accidents
- Skiing or snowboarding collisions
- ATV or dirt bike crashes
- Injuries at swimming pools, rivers, or lakes
- Rock climbing, hiking, or zipline injuries
- Playground equipment failures
- Injuries at amusement parks, trampoline parks, or recreational facilities
- Accidents involving defective recreational equipment
Some of these accidents are just that—accidents. But others are caused by negligence, defective equipment, or unsafe environments. That’s when Washington law may offer a path to justice.
Recreational Use Immunity
Washington law gives landowners (including the government) some protection if they allow the public to use their land for recreation without charging a fee. But that protection doesn’t always apply if they:
- Know about a dangerous condition and don’t fix it or warn people;
- Are grossly negligent; or
- Are charging money for access.
It comes even more complex if the injury occurs on a property that is used multiple ways and for multiple kinds of activities.
Not All Risks Are Assumed
We’ve all heard some version of the idea that if you knew something was dangerous and did it anyway, you can’t hold someone else responsible. This is called assumption of risk. But just because an activity is “inherently dangerous” doesn’t mean no one is responsible when things go wrong.
Under Washington law, people who voluntarily participate in recreational activities are generally considered to have “assumed the risk” of obvious and inherent dangers in the activity. For example, if you’re skiing and you fall on an icy patch, that may be considered part of the sport and not the responsibility of the ski resort.
However, assumption of risk doesn’t apply when the harm was caused by someone else’s negligence or wrongdoing.
For instance:
- A boat operator was drinking and caused a crash
- A ski resort failed to warn about or protect against a known hazard
- A recreational product (like a helmet or ATV) was defectively designed
- A guide or instructor ignored safety rules
- A facility lacked proper supervision or safety precautions
In these kinds of situations, the law may hold the at-fault party accountable.
Signed Waivers Aren’t Always Final
Many facilities require you to sign a waiver before participating in activities. While these waivers can make claims more difficult, they’re not bulletproof. In Washington, a waiver cannot protect a business from certain negligent or reckless conduct. And minors generally cannot waive their legal rights—so if a child was hurt, the waiver may not apply.
Common Types of Recreational Injury Cases
We’ve seen all kinds of cases involving recreational injuries. Some of the most common include:
Boating Accidents
Boating is a big part of summer life in Washington. But when boat operators are reckless or intoxicated, serious accidents can happen. Victims may suffer traumatic brain injury, drownings, or other physical injuries.
Trampoline Park Injuries
These facilities are popular with kids and teens, but they’re also a growing source of serious injuries, from broken bones to spinal cord damage. Sometimes staff aren’t properly trained, equipment is poorly maintained, or there aren’t enough safety rules in place.
Defective Sports or Recreation Equipment
From bike helmets to climbing harnesses, you trust that the gear you use will work. When it doesn’t—due to poor design or manufacturing flaws—it can result in life-altering injuries. A product liability lawyer can investigate these cases.
Negligent Trail or Property Maintenance
If you’re hiking in a public park or biking on a maintained trail, the government or property owner has a duty to keep it reasonably safe. Failing to fix known hazards or provide proper warnings can lead to liability.
Wrongful Death in Recreational Settings
Tragically, some recreational injuries result in death. When that happens, surviving family members may have a wrongful death claim under Washington law.
What Should You Do After a Recreational Injury?
If you or a loved one has been seriously hurt during a recreational activity, here are steps you can take to protect your rights:
- Get Medical Care Right Away
Your health comes first. Even if injuries seem minor at first, some serious conditions—like concussions or internal injuries—can take time to appear. - Preserve Evidence
Take photos of the scene, your injuries, and any equipment involved. If there were witnesses, get their names and contact information. If it’s a facility like a park or resort, report the incident immediately. - Don’t Sign Anything Yet
Some companies or insurance adjusters may try to get you to sign a waiver or settlement offer right away. Don’t agree to anything before speaking with a lawyer. - Don’t Assume It’s Your Fault or No One’s Fault
You may have been told “accidents happen,” but that doesn’t mean no one is responsible. Businesses, property owners, and manufacturers all have a duty to keep people reasonably safe. - Talk to an Experienced Injury Attorney
Injuries from recreational activities can be complicated and confusing. A skilled Washington personal injury attorney can investigate what happened, determine whether you have a claim, and handle the insurance companies and litigation for you—so you can focus on healing.
Why Stritmatter Law?
At Stritmatter Law, for decades we’ve been standing up for people across Washington—from Spokane to Seattle to Hoquiam—who’ve suffered life-changing injuries because of someone else’s negligence. We understand how overwhelming it feels when something that was supposed to be fun becomes a nightmare.
Our team includes experienced personal injury, product liability, and wrongful death attorneys and staff who know how to uncover the truth, hold wrongdoers accountable, and fight for the compensation you need to rebuild your life.
Let’s Talk—You Don’t Have to Go Through This Alone
If you’ve been seriously hurt during a recreational activity and believe someone else was at fault, you deserve answers. You also deserve a legal team that treats you with compassion and fights relentlessly for justice.
This post is intended for informational purposes only and does not constitute legal advice.