Bashioum v. County of Westmoreland

In Bashioum v. County of Westmoreland, 747 A.2d 441 (Pa. Cmwlth. 2000), the Court reversed a trial court's order granting summary judgment to a county finding it was immune from liability under the RULWA. In Bashioum, the appellant was injured at Mammoth Park, which is approximately 400 acres of large unimproved land and held open to members of the public for recreational use without charge. Specifically, the appellant was injured on the "Giant Slide" which is 96 feet long, regularly maintained by the county, and located within Mammoth Park. The Court agreed with appellant and held that "the trial court erred in focusing on the entirety of Mammoth Park instead of on the Giant Slide," "where the injury occurred or the specific area which caused the injury." Id. at 446-47. Thus, the Court recognized that the Giant Slide was an improvement from the land's original state or an alteration of the land and, because of that, the county was responsible to maintain the Giant Slide in a manner safe for the public's use.