The Utah Supreme Court recently issued its decision in the case of Feldman v. Salt Lake City Corporation. The case focused on a wrongful death claim for a drowning in a City park.
In April 2017, Leonid and Liudmila Feldman went walking with their dogs in Parley's Historic Nature Park, which is owned by Salt Lake City. The dogs went into the creek at the East Creek Access. Mr. Feldman entered the creek to retrieve the dogs, but was swept downstream by the strong current. Ms. Feldman then entered the creek to retrieve the dogs, but was caught in the current and drowned.
Mr. Feldmans sued the City for wrongful death. The City moved to dismiss the case under Utah's Limitations on Landowner Liability Act, which provides that a person cannot make a claim against an owner of land that has been opened to the general public without charge for injuries caused by the inherent risks of participating in a recreational activity on the land. The district court agreed with the City and dismissed the lawsuit. Mr. Feldman appealed.
The Utah Supreme Court first determined that the Act applied to wrongful death actions. The Court then determined that the Act did not violate the Wrongful Death Clause of the Utah Constitution. The Court then had to answer the question of whether Ms. Feldman's drowning in the creek was an "inherent risk" of walking in the park with her dogs. The Act defined inherent risks as "those dangers, conditions, and potentials for personal injury or property damage that are an integral and natural part of participating in an activity for a recreational purpose." The Court determined that it was unable to determine if drowning in the creek was an "integral and natural part" of entering the creek because Mr. Feldman had alleged that the dangerous current in the creek was caused by manmade developments in the creek. The Court therefore reversed the dismissal of Mr. Feldman's lawsuit and remanded the case back to the district court for additional proceedings.
To read the full opinion, click here.
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