title: RCW 4.16.160

text:
The limitations prescribed in this chapter shall apply to actions brought in the name or for the benefit of any county or other municipality or quasimunicipality of the state, in the same manner as to actions brought by private parties: PROVIDED, That, except as provided in RCW 4.16.310, there shall be no limitation to actions brought in the name or for the benefit of the state, and no claim of right predicated upon the lapse of time shall ever be asserted against the state, including actions asserting a claim for civil penalties under RCW 19.86.140: AND FURTHER PROVIDED, That no previously existing statute of limitations shall be interposed as a defense to any action brought in the name or for the benefit of the state, although such statute may have run and become fully operative as a defense prior to February 27, 1903, nor shall any cause of action against the state be predicated upon such a statute.
[ 2021 c 228 s 3; 1986 c 305 s 701; 1955 c 43 s 2. Prior: 1903 c 24 s 1; Code 1881 s 35; 1873 p 10 ss 34, 35; 1869 p 10 ss 34, 35; 1854 p 364 s 9; RRS s 167, part.]
Notes:
Findings—Short title—2021 c 228: See notes following RCW 19.86.140.
Preamble—1986 c 305: "Tort law in this state has generally been developed by the courts on a case-by-case basis. While this process has resulted in some significant changes in the law, including amelioration of the harshness of many common law doctrines, the legislature has periodically intervened in order to bring about needed reforms. The purpose of this chapter is to enact further reforms in order to create a more equitable distribution of the cost and risk of injury and increase the availability and affordability of insurance.
The legislature finds that counties, cities, and other governmental entities are faced with increased exposure to lawsuits and awards and dramatic increases in the cost of insurance coverage. These escalating costs ultimately affect the public through higher taxes, loss of essential services, and loss of the protection provided by adequate insurance. In order to improve the availability and affordability of quality governmental services, comprehensive reform is necessary.
The legislature also finds comparable cost increases in professional liability insurance. Escalating malpractice insurance premiums discourage physicians and other health care providers from initiating or continuing their practice or offering needed services to the public and contribute to the rising costs of consumer health care. Other professionals, such as architects and engineers, face similar difficult choices, financial instability, and unlimited risk in providing services to the public.
The legislature also finds that general liability insurance is becoming unavailable or unaffordable to many businesses, individuals, and nonprofit organizations in amounts sufficient to cover potential losses. High premiums have discouraged socially and economically desirable activities and encourage many to go without adequate insurance coverage.
Therefore, it is the intent of the legislature to reduce costs associated with the tort system, while assuring that adequate and appropriate compensation for persons injured through the fault of others is available." [ 1986 c 305 s 100.]
Report to legislature—1986 c 305: "The insurance commissioner shall submit a report to the legislature by January 1, 1991, on the effects of this act on insurance rates and the availability of insurance coverage and the impact on the civil justice system." [ 1986 c 305 s 909.]
Application—1986 c 305: "Except as provided in sections 202 and 601 of this act and except for section 904 of this act, this act applies to all actions filed on or after August 1, 1986." [ 1986 c 305 s 910.]
Severability—1986 c 305: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1986 c 305 s 911.]

catchline: Application of limitations to actions by state, counties, municipalities.


doc_type: statute

jurisdiction: wa

title: RCW 4.16.170

text:
For the purpose of tolling any statute of limitations an action shall be deemed commenced when the complaint is filed or summons is served whichever occurs first. If service has not been had on the defendant prior to the filing of the complaint, the plaintiff shall cause one or more of the defendants to be served personally, or commence service by publication within ninety days from the date of filing the complaint. If the action is commenced by service on one or more of the defendants or by publication, the plaintiff shall file the summons and complaint within ninety days from the date of service. If following service, the complaint is not so filed, or following filing, service is not so made, the action shall be deemed to not have been commenced for purposes of tolling the statute of limitations.
[ 1971 ex.s. c 131 s 1; 1955 c 43 s 3. Prior: 1903 c 24 s 1; Code 1881 s 35; 1873 p 10 s 35; 1869 p 10 s 35; RRS s 167, part.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Tolling of statute—Actions, when deemed commenced or not commenced.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 4.16.180

text:
If the cause of action shall accrue against any person who is a nonresident of this state, or who is a resident of this state and shall be out of the state, or concealed therein, such action may be commenced within the terms herein respectively limited after the coming, or return of such person into the state, or after the end of such concealment; and if after such cause of action shall have accrued, such person shall depart from and reside out of this state, or conceal himself or herself, the time of his or her absence or concealment shall not be deemed or taken as any part of the time limit for the commencement of such action.
[ 2011 c 336 s 84; 1927 c 132 s 1; Code 1881 s 36; 1854 p 364 s 10; RRS s 168.]

catchline: Statute tolled by absence from state, concealment, etc.


title: RCW 4.16.190

text:
Unless otherwise provided in this section, if a person entitled to bring an action mentioned in this chapter, except for a penalty or forfeiture, or against a sheriff or other officer, for an escape, be at the time the cause of action accrued either under the age of eighteen years, or incompetent or disabled to such a degree that he or she cannot understand the nature of the proceedings, such incompetency or disability as determined according to chapter 11.130 RCW, or imprisoned on a criminal charge prior to sentencing, the time of such disability shall not be a part of the time limited for the commencement of action.
[ 2023 c 102 s 4; 2020 c 312 s 702; 2006 c 8 s 303; 1993 c 232 s 1; 1977 ex.s. c 80 s 2; 1971 ex.s. c 292 s 74; Code 1881 s 37; 1877 p 9 s 38; 1869 p 10 s 38; 1861 p 61 s 1; 1854 p 364 s 11; RRS s 169.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Purpose—Intent—1977 ex.s. c 80: "It is the purpose of the legislature in enacting this 1977 amendatory act to provide for a comprehensive revision of out-dated and offensive language, procedures and assumptions that have previously been used to identify and categorize mentally, physically, and sensory handicapped citizens. It is legislative intent that language references such as idiots, imbeciles, feeble-minded or defective persons be deleted and replaced with more appropriate references to reflect current statute law more recently enacted by the federal government and this legislature. It is legislative belief that use of the undefined term "insanity" be avoided in preference to the use of a process for defining incompetency or disability as fully set forth in chapter 11.88 RCW; that language that has allowed or implied a presumption of incompetency or disability on the basis of an apparent condition or appearance be deleted in favor of a reference to necessary due process allowing a judicial determination of the existence or lack of existence of such incompetency or disability." [ 1977 ex.s. c 80 s 1.]
Severability—1977 ex.s. c 80: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1977 ex.s. c 80 s 76.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Adverse possession, personal disability, limitation tolled: RCW 7.28.090.

catchline: Statute tolled by personal disability.


title: RCW 4.16.200

text:
Limitations on actions against a person who dies before the expiration of the time otherwise limited for commencement thereof are as set forth in chapter 11.40 RCW. Subject to the limitations on claims against a deceased person under chapter 11.40 RCW, if a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his or her representatives after the expiration of the time and within one year from his or her death.
[ 2011 c 336 s 85; 1989 c 333 s 8; Code 1881 s 38; 1877 p 9 s 38; 1854 p 364 s 12; RRS s 170.]
Notes:
Application—Effective date—1989 c 333: See note following RCW 11.40.010.
Decedents, claims against, time limits: RCW 11.40.051, 11.40.060.

catchline: Statute tolled by death.


title: RCW 4.16.210

text:
When a person who is not a citizen or national of the United States and who is a subject or citizen of a country at war with the United States, the time of the continuance of the war shall not be a part of the period limited for the commencement of the action.
[ 2026 c 36 s 3; 1941 c 174 s 1, part; Code 1881 s 39; 1854 p 365 s 13; Rem. Supp. 1941 s 171, part.]

catchline: Statute tolled—By war as to enemy person.


title: RCW 4.16.220

text:
When the enforcement of civil liabilities against a person in the military service of the United States has been suspended by operation of law, the period of such suspension shall not be a part of the period limited for the commencement of the action.
[1941 c 174 s 1, part; Code 1881 s 39; 1854 p 365 s 13; Rem. Supp. 1941 s 171, part.]
Notes:
Application of federal law: RCW 73.16.070.

catchline: Statute tolled—As to person in military service of United States.


title: RCW 4.16.230

text:
When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or prohibition shall not be a part of the time limited for the commencement of the action.
[Code 1881 s 40; 1877 p 10 s 41; 1854 p 365 s 14; RRS s 172.]

catchline: Statute tolled by judicial proceedings.


title: RCW 4.16.240

text:
If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on error or appeal, the plaintiff, or if he or she dies and the cause of action survives, his or her heirs or representatives may commence a new action within one year after reversal.
[ 2011 c 336 s 86; Code 1881 s 41; 1877 p 10 s 42; 1854 p 365 s 15; RRS s 173.]

catchline: Effect of reversal of judgment on appeal.


title: RCW 4.16.250

text:
No person shall avail himself or herself of a disability unless it existed when his or her right of action accrued.
[ 2011 c 336 s 87; Code 1881 s 42; 1877 p 10 s 43; 1854 p 365 s 16; RRS s 174.]

catchline: Disability must exist when right of action accrued.


title: RCW 4.16.260

text:
When two or more disabilities shall coexist at the time the right of action accrues, the limitation shall not attach until they all be removed.
[Code 1881 s 43; 1877 p 10 s 44; 1854 p 365 s 17; RRS s 175.]

catchline: Coexisting disabilities.


title: RCW 4.16.270

text:
When any payment has been or shall be made upon any existing contract prior to its applicable limitation period having expired, whether the contract is a bill of exchange, promissory note, bond, or other evidence of indebtedness, if the payment is made after it is due, the limitation period shall restart from the time the most recent payment was made. Any payment on the contract made after the limitation period has expired shall not restart, revive, or extend the limitation period.
[ 2019 c 377 s 1; Code 1881 s 45; 1877 p 10 s 46; 1854 p 365 s 19; RRS s 177.]

catchline: Effect of partial payment.


title: RCW 4.16.280

text:
No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this chapter, unless it is contained in some writing signed by the party to be charged thereby; except, an acknowledgment or promise made after the limitation period has expired shall not restart, revive, or extend the limitation period. This section shall not alter the effect of any payment of principal or interest.
[ 2019 c 377 s 2; Code 1881 s 44; 1877 p 10 s 45; 1854 p 365 s 18; RRS s 176.]

catchline: New promise must be in writing.


title: RCW 4.16.290

text:
When the cause of action has arisen in another state, territory or country between nonresidents of this state, and by the laws of the state, territory or country where the action arose, an action cannot be maintained thereon by reason of the lapse of time, no action shall be maintained thereon in this state.
[Code 1881 s 46; 1877 p 10 s 47; 1854 p 365 s 20; RRS s 178.]

catchline: Foreign statutes of limitation, how applied.


title: RCW 4.16.300

text:
RCW 4.16.300 through 4.16.320 shall apply to all claims or causes of action of any kind against any person, arising from such person having constructed, altered or repaired any improvement upon real property, or having performed or furnished any design, planning, surveying, architectural or construction or engineering services, or supervision or observation of construction, or administration of construction contracts for any construction, alteration or repair of any improvement upon real property. This section is specifically intended to benefit persons having performed work for which the persons must be registered or licensed under RCW 18.08.310, 18.27.020, 18.43.040, 18.96.020, or 19.28.041, and shall not apply to claims or causes of action against persons not required to be so registered or licensed.
[ 2004 c 257 s 1; 1986 c 305 s 703; 1967 c 75 s 1.]
Notes:
Severability—2004 c 257: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2004 c 257 s 2.]
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.

catchline: Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property.


title: RCW 4.16.310

text:
All claims or causes of action as set forth in RCW 4.16.300 shall accrue, and the applicable statute of limitation shall begin to run only during the period within six years after substantial completion of construction, or during the period within six years after the termination of the services enumerated in RCW 4.16.300, whichever is later. The phrase "substantial completion of construction" shall mean the state of completion reached when an improvement upon real property may be used or occupied for its intended use. Any cause of action which has not accrued within six years after such substantial completion of construction, or within six years after such termination of services, whichever is later, shall be barred: PROVIDED, That this limitation shall not be asserted as a defense by any owner, tenant or other person in possession and control of the improvement at the time such cause of action accrues. The limitations prescribed in this section apply to all claims or causes of action as set forth in RCW 4.16.300 brought in the name or for the benefit of the state which are made or commenced after June 11, 1986.
If a written notice is filed under RCW 64.50.020 within the time prescribed for the filing of an action under this chapter, the period of time during which the filing of an action is barred under RCW 64.50.020 plus sixty days shall not be a part of the period limited for the commencement of an action, nor for the application of this section.
[ 2002 c 323 s 9; 1986 c 305 s 702; 1967 c 75 s 2.]
Notes:
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.

catchline: Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property—Accrual and limitations of actions or claims.


title: RCW 4.16.320

text:
Nothing in RCW 4.16.300 through 4.16.320 shall be construed as extending the period now permitted by law for bringing any kind of action.
[ 1967 c 75 s 3.]

catchline: Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property—Construction.


title: RCW 4.16.325

text:
If a written notice of claim is served under RCW 64.50.020 within the time prescribed for the filing of an action under this chapter, the statutes of limitations for construction-related claims are tolled until sixty days after the period of time during which the filing of an action is barred under RCW 64.50.020.
[ 2002 c 323 s 8.]

catchline: Actions or claims arising from construction defect claims—Statute tolled.


title: RCW 4.16.326

text:
(1) Persons engaged in any activity defined in RCW 4.16.300 may be excused, in whole or in part, from any obligation, damage, loss, or liability for those defined activities under the principles of comparative fault for the following affirmative defenses:
(a) To the extent it is caused by an unforeseen act of nature that caused, prevented, or precluded the activities defined in RCW 4.16.300 from meeting the applicable building codes, regulations, and ordinances in effect at the commencement of construction. For purposes of this section an "unforeseen act of nature" means any weather condition, earthquake, or man-made event such as war, terrorism, or vandalism;
(b) To the extent it is caused by a homeowner's unreasonable failure to minimize or prevent those damages in a timely manner, including the failure of the homeowner to allow reasonable and timely access for inspections and repairs under this section. This includes the failure to give timely notice to the builder after discovery of a violation, but does not include damages due to the untimely or inadequate response of a builder to the homeowner's claim;
(c) To the extent it is caused by the homeowner or his or her agent, employee, subcontractor, independent contractor, or consultant by virtue of their failure to follow the builder's or manufacturer's maintenance recommendations, or commonly accepted homeowner maintenance obligations. In order to rely upon this defense as it relates to a builder's recommended maintenance schedule, the builder shall show that the homeowner had written notice of the schedule, the schedule was reasonable at the time it was issued, and the homeowner failed to substantially comply with the written schedule;
(d) To the extent it is caused by the homeowner or his or her agent's or an independent third party's alterations, ordinary wear and tear, misuse, abuse, or neglect, or by the structure's use for something other than its intended purpose;
(e) As to a particular violation for which the builder has obtained a valid release;
(f) To the extent that the builder's repair corrected the alleged violation or defect;
(g) To the extent that a cause of action does not accrue within the statute of repose pursuant to RCW 4.16.310 or that an actionable cause as set forth in RCW 4.16.300 is not filed within the applicable statute of limitations. In contract actions the applicable contract statute of limitations expires, regardless of discovery, six years after substantial completion of construction, or during the period within six years after the termination of the services enumerated in RCW 4.16.300, whichever is later;
(h) As to any causes of action to which this section does not apply, all applicable affirmative defenses are preserved.
(2) This section does not apply to any civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a construction defect.
[ 2003 c 80 s 1.]

catchline: Actions or claims for construction defect claims—Comparative fault.


title: RCW 4.16.327

text:
Any person, including but not limited to contractors, builders, tradespeople, and other providers of construction, remodel, or repair services, who, without compensation or the expectation of compensation, renders emergency repairs to any structure at the scene of any accident, disaster, or emergency that has caused or resulted in damage to the structure is not liable for civil damages resulting from any act or omission in the rendering of such emergency repairs, other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering emergency repairs during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such repairs is excluded from the protection of this section.
For the purposes of this section, "accident, disaster, or emergency" includes an earthquake, windstorm, hurricane, landslide, flood, volcanic eruption, explosion, fire, or any similar occurrence.
[ 2003 c 11 s 1.]

catchline: Actions or claims for construction defects—Emergency repairs.


title: RCW 4.16.340

text:
(1) All claims or causes of action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse that occurred before June 6, 2024, shall be commenced within the later of the following periods:
(a) Within three years of the act alleged to have caused the injury or condition;
(b) Within three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by said act; or
(c) Within three years of the time the victim discovered that the act caused the injury for which the claim is brought:
PROVIDED, That the time limit for commencement of an action under this section is tolled for a child until the child reaches the age of eighteen years.
(2) The victim need not establish which act in a series of continuing sexual abuse or exploitation incidents caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan of sexual abuse or exploitation.
(3) The knowledge of a custodial parent or guardian shall not be imputed to a person under the age of eighteen years.
(4) For purposes of this section, "child" means a person under the age of eighteen years.
(5) As used in this section, "childhood sexual abuse" means any act committed by the defendant against a complainant who was less than eighteen years of age at the time of the act and which act would have been a violation of chapter 9A.44 RCW or RCW 9.68A.040 or prior laws of similar effect at the time the act was committed.
(6) There shall be no time limit for bringing any claims or causes of action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse when the act of childhood sexual abuse occurs on or after June 6, 2024.
[ 2024 c 253 s 1; 1991 c 212 s 2; 1989 c 317 s 2; 1988 c 144 s 1.]
Notes:
Finding—Intent—1991 c 212: "The legislature finds that:
(1) Childhood sexual abuse is a pervasive problem that affects the safety and well-being of many of our citizens.
(2) Childhood sexual abuse is a traumatic experience for the victim causing long-lasting damage.
(3) The victim of childhood sexual abuse may repress the memory of the abuse or be unable to connect the abuse to any injury until after the statute of limitations has run.
(4) The victim of childhood sexual abuse may be unable to understand or make the connection between childhood sexual abuse and emotional harm or damage until many years after the abuse occurs.
(5) Even though victims may be aware of injuries related to the childhood sexual abuse, more serious injuries may be discovered many years later.
(6) The legislature enacted RCW 4.16.340 to clarify the application of the discovery rule to childhood sexual abuse cases. At that time the legislature intended to reverse the Washington supreme court decision in Tyson v. Tyson, 107 Wn.2d 72, 727 P.2d 226 (1986).
It is still the legislature's intention that Tyson v. Tyson, 107 Wn.2d 72, 727 P.2d 226 (1986) be reversed, as well as the line of cases that state that discovery of any injury whatsoever caused by an act of childhood sexual abuse commences the statute of limitations. The legislature intends that the earlier discovery of less serious injuries should not affect the statute of limitations for injuries that are discovered later." [ 1991 c 212 s 1.]
Intent—1989 c 317: "(1) The legislature finds that possible confusion may exist in interpreting the statute of limitations provisions for child sexual abuse civil actions in RCW 4.16.190 and 4.16.340 regarding the accrual of a cause of action for a person under age eighteen. The legislature finds that amending RCW 4.16.340 will clarify that the time limit for commencement of an action under RCW 4.16.340 is tolled until the child reaches age eighteen. The 1989 amendment to RCW 4.16.340 is intended as a clarification of existing law and is not intended to be a change in the law.
(2) The legislature further finds that the enactment of chapter 145, Laws of 1988, which deleted specific reference to RCW 9A.44.070, 9A.44.080, and 9A.44.100(1)(b) from RCW 9A.04.080 and also deleted those specific referenced provisions from the laws of Washington, did not intend to change the statute of limitations governing those offenses from seven to three years." [ 1989 c 317 s 1.]
Application—1988 c 144: "Sections 1 and 2 of this act apply to all causes of action commenced on or after June 9, 1988, regardless of when the cause of action may have arisen. To this extent, sections 1 and 2 of this act apply retrospectively." [ 1988 c 144 s 3.]

catchline: Actions based on childhood sexual abuse.


title: RCW 4.16.350

text:
Any civil action for damages for injury occurring as a result of health care which is provided after June 25, 1976, against:
(1) A person licensed by this state to provide health care or related services, including, but not limited to, a physician, osteopathic physician, dentist, nurse, optometrist, podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, osteopathic physician's assistant, nurse practitioner, or physician's trained mobile intensive care paramedic, including, in the event such person is deceased, his or her estate or personal representative;
(2) An employee or agent of a person described in subsection (1) of this section, acting in the course and scope of his or her employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or
(3) An entity, whether or not incorporated, facility, or institution employing one or more persons described in subsection (1) of this section, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his or her employment, including, in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative; based upon alleged professional negligence shall be commenced within three years of the act or omission alleged to have caused the injury or condition, or one year of the time the patient or his or her representative discovered or reasonably should have discovered that the injury or condition was caused by said act or omission, whichever period expires later, except that in no event shall an action be commenced more than eight years after said act or omission: PROVIDED, That the time for commencement of an action is tolled upon proof of fraud, intentional concealment, or the presence of a foreign body not intended to have a therapeutic or diagnostic purpose or effect, until the date the patient or the patient's representative has actual knowledge of the act of fraud or concealment, or of the presence of the foreign body; the patient or the patient's representative has one year from the date of the actual knowledge in which to commence a civil action for damages.
For purposes of this section, notwithstanding RCW 4.16.190, the knowledge of a custodial parent or guardian shall be imputed to a person under the age of eighteen years, and such imputed knowledge shall operate to bar the claim of such minor to the same extent that the claim of an adult would be barred under this section. Any action not commenced in accordance with this section shall be barred.
For purposes of this section, with respect to care provided after June 25, 1976, and before August 1, 1986, the knowledge of a custodial parent or guardian shall be imputed as of April 29, 1987, to persons under the age of eighteen years.
This section does not apply to a civil action based on intentional conduct brought against those individuals or entities specified in this section by a person for recovery of damages for injury occurring as a result of childhood sexual abuse as defined in RCW 4.16.340(5).
[ 2011 c 336 s 88; 2006 c 8 s 302. Prior: 1998 c 147 s 1; 1988 c 144 s 2; 1987 c 212 s 1401; 1986 c 305 s 502; 1975-'76 2nd ex.s. c 56 s 1; 1971 c 80 s 1.]
Notes:
Purpose—Findings—Intent—2006 c 8 ss 301 and 302: "The purpose of this section and section 302, chapter 8, Laws of 2006 is to respond to the court's decision in DeYoung v. Providence Medical Center, 136 Wn.2d 136 (1998), by expressly stating the legislature's rationale for the eight-year statute of repose in RCW 4.16.350.
The legislature recognizes that the eight-year statute of repose alone may not solve the crisis in the medical insurance industry. However, to the extent that the eight-year statute of repose has an effect on medical malpractice insurance, that effect will tend to reduce rather than increase the cost of malpractice insurance.
Whether or not the statute of repose has the actual effect of reducing insurance costs, the legislature finds it will provide protection against claims, however few, that are stale, based on untrustworthy evidence, or that place undue burdens on defendants.
In accordance with the court's opinion in DeYoung, the legislature further finds that compelling even one defendant to answer a stale claim is a substantial wrong, and setting an outer limit to the operation of the discovery rule is an appropriate aim.
The legislature further finds that an eight-year statute of repose is a reasonable time period in light of the need to balance the interests of injured plaintiffs and the health care industry.
The legislature intends to reenact RCW 4.16.350 with respect to the eight-year statute of repose and specifically set forth for the court the legislature's legitimate rationale for adopting the eight-year statute of repose. The legislature further intends that the eight-year statute of repose reenacted by section 302, chapter 8, Laws of 2006 be applied to actions commenced on or after June 7, 2006." [ 2006 c 8 s 301.]
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Application—1998 c 147: "This act applies to any cause of action filed on or after June 11, 1998." [ 1998 c 147 s 2.]
Application—1988 c 144: See note following RCW 4.16.340.
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.
Severability—1975-'76 2nd ex.s. c 56: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-'76 2nd ex.s. c 56 s 15.]
Actions for injuries resulting from health care: Chapter 7.70 RCW.
Complaint in personal injury actions not to include statement of damages: RCW 4.28.360.
Evidence of furnishing or offering to pay medical expenses inadmissible to prove liability in personal injury actions for medical negligence: Chapter 5.64 RCW.
Immunity of members of professional review committees, societies, examining, licensing or disciplinary boards from civil suit: RCW 4.24.240.
Proof and evidence required in actions against hospitals, personnel and members of healing arts: RCW 4.24.290.
Verdict or award of future economic damages in personal injury or property damage action may provide for periodic payments: RCW 4.56.260.

catchline: Action for injuries resulting from health care or related services—Physicians, dentists, nurses, etc.—Hospitals, clinics, nursing homes, etc.


title: RCW 4.16.360

text:
This chapter does not limit the time in which an action for determination of parentage may be brought under chapter 26.26A or 26.26B RCW.
[ 2019 c 46 s 5001; 1983 1st ex.s. c 41 s 13.]
Notes:
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.

catchline: Application of chapter to parentage action.


title: RCW 4.16.370

text:
The statute of limitations for actions against a personal representative or trustee for breach of fiduciary duties is as set forth in RCW 11.96A.070.
[ 1999 c 42 s 602; 1985 c 11 s 3. Prior: 1984 c 149 s 2.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Short title—Application—1985 c 30: See RCW 11.02.900 and 11.02.901.
Purpose—Severability—1985 c 11: See notes following RCW 4.16.110.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.

catchline: Actions against personal representative or trustee for breach of fiduciary duties—Statute of limitations.


title: RCW 4.18.010

text:
As used in this chapter:
(1) "Claim" means a right of action that may be asserted in a civil action or proceeding and includes a right of action created by statute.
(2) "State" means a state, commonwealth, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, or a political subdivision of any of them.
[ 1983 c 152 s 1.]

catchline: Definitions.


title: RCW 4.18.020

text:
(1) Except as provided by RCW 4.18.040, if a claim is substantively based:
(a) Upon the law of one other state, the limitation period of that state applies; or
(b) Upon the law of more than one state, the limitation period of one of those states, chosen by the law of conflict of laws of this state, applies.
(2) The limitation period of this state applies to all other claims.
[ 1983 c 152 s 2.]

catchline: Conflict of laws—Limitation periods.


title: RCW 4.18.030

text:
If the statute of limitations of another state applies to the assertion of a claim in this state, the other state's relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation period, but its statutes and other rules of law governing conflict of laws do not apply.
[ 1983 c 152 s 3.]

catchline: Rules of law applicable to computation of limitation period.


title: RCW 4.18.040

text:
If the court determines that the limitation period of another state applicable under RCW 4.18.020 and 4.18.030 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against, the claim, the limitation period of this state applies.
[ 1983 c 152 s 4.]

catchline: Application of limitation period of other state—Unfairness.


title: RCW 4.18.900

text:
This chapter may be cited as the Uniform Conflict of Laws—Limitations Act.
[ 1983 c 152 s 7.]

catchline: Short title.


title: RCW 4.18.901

text:
This chapter applies to claims:
(1) Accruing after July 24, 1983; or
(2) Asserted in a civil action or proceeding more than one year after July 24, 1983, but it does not revive a claim barred before July 24, 1983.
[ 1983 c 152 s 5.]

catchline: Application of chapter—Existing and future claims.


title: RCW 4.18.902

text:
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[ 1983 c 152 s 6.]

catchline: Uniformity of application and construction of chapter.


title: RCW 4.20.005

text:
Words in RCW 4.20.010, 4.20.020, and 4.20.030 denoting the singular shall be understood as belonging to a plurality of persons or things. The masculine shall apply also to the feminine, and the word person shall also apply to bodies politic and corporate.
[ 1917 c 123 s 3; RRS s 183-2. Formerly RCW 4.20.010, part.]

catchline: Wrongful death—Application of terms.


title: RCW 4.20.010

text:
(1) When the death of a person is caused by the wrongful act, neglect, or default of another person, his or her personal representative may maintain an action against the person causing the death for the economic and noneconomic damages sustained by the beneficiaries listed in RCW 4.20.020 as a result of the decedent's death, in such amounts as determined by a trier of fact to be just under all the circumstances of the case.
(2) This section applies regardless of whether or not the death was caused under such circumstances as amount, in law, to a felony.
[ 2019 c 159 s 1; 2011 c 336 s 89; 1917 c 123 s 1; RRS s 183. FORMER PARTS OF SECTION: 1917 c 123 s 3 now codified as RCW 4.20.005. Prior: 1909 c 129 s 1; Code 1881 s 8; 1875 p 4 s 4; 1854 p 220 s 496.]
Notes:
Retroactive application—2019 c 159: "This act is remedial and retroactive and applies to all claims that are not time barred, as well as any claims pending in any court on July 28, 2019." [ 2019 c 159 s 6.]

catchline: Wrongful death—Right of action.


title: RCW 4.20.020

text:
Every action under RCW 4.20.010 shall be for the benefit of the spouse, state registered domestic partner, child or children, including stepchildren, of the person whose death shall have been so caused. If there is no spouse, state registered domestic partner, or such child or children, such action may be maintained for the benefit of the parents or siblings of the deceased.
In every such action the trier of fact may give such damages as, under all circumstances of the case, may to them seem just.
[ 2019 c 159 s 2; 2011 c 336 s 90; 2007 c 156 s 29; 1985 c 139 s 1; 1973 1st ex.s. c 154 s 2; 1917 c 123 s 2; RRS s 183-1.]
Notes:
Retroactive application—2019 c 159: See note following RCW 4.20.010.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Wrongful death—Beneficiaries of action.


title: RCW 4.20.030

text:
RCW 4.20.005, 4.20.010, and 4.20.020 shall not repeal or supersede chapter 74 of the Laws of 1911 [Title 51 RCW] and acts amendatory thereof, or any part thereof.
[ 1917 c 123 s 5; RRS s 183-3.]

catchline: Workers' compensation act not affected.


title: RCW 4.20.046

text:
(1) All causes of action by a person or persons against another person or persons shall survive to the personal representatives of the former and against the personal representatives of the latter, whether such actions arise on contract or otherwise, and whether or not such actions would have survived at the common law or prior to the date of enactment of this section.
(2) In addition to recovering economic losses on behalf of the decedent's estate, the personal representative is only entitled to recover noneconomic damages for pain and suffering, anxiety, emotional distress, or humiliation personal to and suffered by the deceased on behalf of those beneficiaries enumerated in RCW 4.20.020 in such amounts as determined by a trier of fact to be just under all the circumstances of the case. Damages under this section are recoverable regardless of whether or not the death was occasioned by the injury that is the basis for the action.
(3) The liability of property of spouses or domestic partners held by them as community property and subject to execution in satisfaction of a claim enforceable against such property so held shall not be affected by the death of either or both spouses or either or both domestic partners; and a cause of action shall remain an asset as though both claiming spouses or both claiming domestic partners continued to live despite the death of either or both claiming spouses or both claiming domestic partners.
(4) Where death or an injury to person or property, resulting from a wrongful act, neglect or default, occurs simultaneously with or after the death of a person who would have been liable therefor if his or her death had not occurred simultaneously with such death or injury or had not intervened between the wrongful act, neglect or default and the resulting death or injury, an action to recover damages for such death or injury may be maintained against the personal representative of such person.
[ 2019 c 159 s 3; 2008 c 6 s 409; 1993 c 44 s 1; 1961 c 137 s 1.]
Notes:
Retroactive application—2019 c 159: See note following RCW 4.20.010.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Survival of actions.


title: RCW 4.20.050

text:
No action shall abate by the death, marriage, or other disability of the party, or by the transfer of any interest therein, if the cause of action survives or continues; but the court may at any time within one year thereafter, on motion, allow the action to be continued by or against his or her representatives or successors in interest.
[ 2011 c 336 s 91; Code 1881 s 17; 1877 p 6 s 17; 1869 p 6 s 17; 1854 p 132 s 11; RRS s 193.]
Notes:
Rules of court: Cf. RAP 3.2, 18.22.

catchline: Action not abated by death or disability if it survives—Substitution.


title: RCW 4.20.060

text:
(1) No action for a personal injury to any person occasioning death shall abate, nor shall such right of action terminate, by reason of such death, if such person has a surviving spouse, state registered domestic partner, or child living, including stepchildren, or if leaving no surviving spouse, state registered domestic partner, or children, the person has surviving parents or siblings.
(2) An action under this section shall be brought by the personal representative of the deceased, in favor of the surviving spouse or state registered domestic partner, or in favor of the surviving spouse or state registered domestic partner and children, or if no surviving spouse or state registered domestic partner, in favor of the child or children, or if no surviving spouse, state registered domestic partner, or a child or children, then in favor of the decedent's parents or siblings.
(3) In addition to recovering the decedent's economic losses under this section, the persons listed in subsection (1) of this section are entitled to recover damages for the decedent's pain and suffering, anxiety, emotional distress, or humiliation, in such amounts as determined by a trier of fact to be just under all the circumstances of the case.
[ 2019 c 159 s 4; 2007 c 156 s 30; 1985 c 139 s 2; 1973 1st ex.s. c 154 s 3; 1927 c 156 s 1; 1909 c 144 s 1; Code 1881 s 18; 1854 p 220 s 495; RRS s 194.]
Notes:
Retroactive application—2019 c 159: See note following RCW 4.20.010.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Action for personal injury survives.


title: RCW 4.22.005

text:
In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery. This rule applies whether or not under prior law the claimant's contributory fault constituted a defense or was disregarded under applicable legal doctrines, such as last clear chance.
[ 1981 c 27 s 8.]

catchline: Effect of contributory fault.


title: RCW 4.22.015

text:
"Fault" includes acts or omissions, including misuse of a product, that are in any measure negligent or reckless toward the person or property of the actor or others, or that subject a person to strict tort liability or liability on a product liability claim. The term also includes breach of warranty, unreasonable assumption of risk, and unreasonable failure to avoid an injury or to mitigate damages. Legal requirements of causal relation apply both to fault as the basis for liability and to contributory fault.
A comparison of fault for any purpose under RCW 4.22.005 through 4.22.060 shall involve consideration of both the nature of the conduct of the parties to the action and the extent of the causal relation between such conduct and the damages.
[ 1981 c 27 s 9.]

catchline: "Fault" defined.


title: RCW 4.22.020

text:
The contributory fault of one spouse or one domestic partner shall not be imputed to the other spouse or other domestic partner or the minor child of the spouse or domestic partner to diminish recovery in an action by the other spouse or other domestic partner or the minor child of the spouse or other domestic partner, or his or her legal representative, to recover damages caused by fault resulting in death or in injury to the person or property, whether separate or community, of the spouse or domestic partner. In an action brought for wrongful death or loss of consortium, the contributory fault of the decedent or injured person shall be imputed to the claimant in that action.
[ 2008 c 6 s 401; 1987 c 212 s 801; 1981 c 27 s 10; 1973 1st ex.s. c 138 s 2.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Wrongful death actions: Chapter 4.20 RCW.

catchline: Imputation of contributory fault—Spouse, domestic partner, or minor child of spouse or domestic partner—Wrongful death actions.


title: RCW 4.22.030

text:
Except as otherwise provided in RCW 4.22.070, if more than one person is liable to a claimant on an indivisible claim for the same injury, death or harm, the liability of such persons shall be joint and several.
[ 1986 c 305 s 402; 1981 c 27 s 11.]
Notes:
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.

catchline: Nature of liability.


title: RCW 4.22.040

text:
(1) A right of contribution exists between or among two or more persons who are jointly and severally liable upon the same indivisible claim for the same injury, death or harm, whether or not judgment has been recovered against all or any of them. It may be enforced either in the original action or by a separate action brought for that purpose. The basis for contribution among liable persons is the comparative fault of each such person. However, the court may determine that two or more persons are to be treated as a single person for purposes of contribution.
(2) Contribution is available to a person who enters into a settlement with a claimant only (a) if the liability of the person against whom contribution is sought has been extinguished by the settlement and (b) to the extent that the amount paid in settlement was reasonable at the time of the settlement.
(3) The common law right of indemnity between active and passive tort feasors is abolished: PROVIDED, That the common law right of indemnity between active and passive tort feasors is not abolished in those cases to which a right of contribution by virtue of RCW 4.22.920(2) does not apply.
[ 1982 c 100 s 1; 1981 c 27 s 12.]
Notes:
Severability—1982 c 100: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1982 c 100 s 4.]

catchline: Right of contribution—Indemnity.


title: RCW 4.22.050

text:
(1) If the comparative fault of the parties to a claim for contribution has been established previously by the court in the original action, a party paying more than that party's equitable share of the obligation, upon motion, may recover judgment for contribution.
(2) If the comparative fault of the parties to the claim for contribution has not been established by the court in the original action, contribution may be enforced in a separate action, whether or not a judgment has been rendered against either the person seeking contribution or the person from whom contribution is being sought.
(3) If a judgment has been rendered, the action for contribution must be commenced within one year after the judgment becomes final. If no judgment has been rendered, the person bringing the action for contribution either must have (a) discharged by payment the common liability within the period of the statute of limitations applicable to the claimant's right of action against him or her and commenced the action for contribution within one year after payment, or (b) agreed while the action was pending to discharge the common liability and, within one year after the agreement, have paid the liability and commenced an action for contribution.
[ 2011 c 336 s 92; 1981 c 27 s 13.]

catchline: Enforcement of contribution.


title: RCW 4.22.060

text:
(1) A party prior to entering into a release, covenant not to sue, covenant not to enforce judgment, or similar agreement with a claimant shall give five days' written notice of such intent to all other parties and the court. The court may for good cause authorize a shorter notice period. The notice shall contain a copy of the proposed agreement. A hearing shall be held on the issue of the reasonableness of the amount to be paid with all parties afforded an opportunity to present evidence. A determination by the court that the amount to be paid is reasonable must be secured. If an agreement was entered into prior to the filing of the action, a hearing on the issue of the reasonableness of the amount paid at the time it was entered into may be held at any time prior to final judgment upon motion of a party.
The burden of proof regarding the reasonableness of the settlement offer shall be on the party requesting the settlement.
(2) A release, covenant not to sue, covenant not to enforce judgment, or similar agreement entered into by a claimant and a person liable discharges that person from all liability for contribution, but it does not discharge any other persons liable upon the same claim unless it so provides. However, the claim of the releasing person against other persons is reduced by the amount paid pursuant to the agreement unless the amount paid was unreasonable at the time of the agreement in which case the claim shall be reduced by an amount determined by the court to be reasonable.
(3) A determination that the amount paid for a release, covenant not to sue, covenant not to enforce judgment, or similar agreement was unreasonable shall not affect the validity of the agreement between the released and releasing persons nor shall any adjustment be made in the amount paid between the parties to the agreement.
[ 1987 c 212 s 1901; 1981 c 27 s 14.]

catchline: Effect of settlement agreement.


title: RCW 4.22.070

text:
(1) In all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant's damages except entities immune from liability to the claimant under Title 51 RCW. The sum of the percentages of the total fault attributed to at-fault entities shall equal one hundred percent. The entities whose fault shall be determined include the claimant or person suffering personal injury or incurring property damage, defendants, third-party defendants, entities released by the claimant, entities with any other individual defense against the claimant, and entities immune from liability to the claimant, but shall not include those entities immune from liability to the claimant under Title 51 RCW. Judgment shall be entered against each defendant except those who have been released by the claimant or are immune from liability to the claimant or have prevailed on any other individual defense against the claimant in an amount which represents that party's proportionate share of the claimant's total damages. The liability of each defendant shall be several only and shall not be joint except:
(a) A party shall be responsible for the fault of another person or for payment of the proportionate share of another party where both were acting in concert or when a person was acting as an agent or servant of the party.
(b) If the trier of fact determines that the claimant or party suffering bodily injury or incurring property damages was not at fault, the defendants against whom judgment is entered shall be jointly and severally liable for the sum of their proportionate shares of the claimants [claimant's] total damages.
(2) If a defendant is jointly and severally liable under one of the exceptions listed in subsections (1)(a) or (1)(b) of this section, such defendant's rights to contribution against another jointly and severally liable defendant, and the effect of settlement by either such defendant, shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060.
(3)(a) Nothing in this section affects any cause of action relating to hazardous wastes or substances or solid waste disposal sites.
(b) Nothing in this section shall affect a cause of action arising from the tortious interference with contracts or business relations.
(c) Nothing in this section shall affect any cause of action arising from the manufacture or marketing of a fungible product in a generic form which contains no clearly identifiable shape, color, or marking.
[ 1993 c 496 s 1; 1986 c 305 s 401.]
Notes:
Effective date—1993 c 496: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 c 496 s 3.]
Application—1993 c 496: "This act applies to all causes of action that the parties have not settled or in which judgment has not been entered prior to July 1, 1993." [ 1993 c 496 s 4.]
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.


title: RCW 4.22.900

text:
This act takes effect as of 12:01 a.m. on April 1, 1974.
[ 1973 1st ex.s. c 138 s 3.]

catchline: Effective date—1973 1st ex.s. c 138.


title: RCW 4.22.920

text:
(1) Chapter 27, Laws of 1981 shall apply to all claims arising on or after July 26, 1981.
(2) Notwithstanding subsection (1) of this section, RCW 4.22.040, 4.22.050, and 4.22.060 shall also apply to all actions in which trial on the underlying action has not taken place prior to July 26, 1981, except that there is no right of contribution in favor of or against any party who has, prior to July 26, 1981, entered into a release, covenant not to sue, covenant not to enforce judgment, or similar agreement with the claimant.
[ 1982 c 100 s 2; 1981 c 27 s 15.]
Notes:
Severability—1982 c 100: See note following RCW 4.22.040.

catchline: Applicability—1981 c 27.


title: RCW 4.22.925

text:
In accordance with section 15(1), chapter 27, Laws of 1981, the repeal of RCW 4.22.010 by section 17, chapter 27, Laws of 1981 applies only to claims arising on or after July 26, 1981. RCW 4.22.010 shall continue to apply to claims arising prior to July 26, 1981.
[ 1982 c 100 s 3.]
Notes:
Severability—1982 c 100: See note following RCW 4.22.040.

catchline: Applicability— 1981 c 27 s 17.


title: RCW 4.24.005

text:
Any party charged with the payment of attorney's fees in any tort action may petition the court not later than forty-five days of receipt of a final billing or accounting for a determination of the reasonableness of that party's attorneys' fees. The court shall make such a determination and shall take into consideration the following:
(1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) The fee customarily charged in the locality for similar legal services;
(4) The amount involved and the results obtained;
(5) The time limitations imposed by the client or by the circumstances;
(6) The nature and length of the professional relationship with the client;
(7) The experience, reputation, and ability of the lawyer or lawyers performing the services;
(8) Whether the fee is fixed or contingent;
(9) Whether the fixed or contingent fee agreement was in writing and whether the client was aware of his or her right to petition the court under this section;
(10) The terms of the fee agreement.
[ 1987 c 212 s 1601; 1986 c 305 s 201.]
Notes:
Application—1987 c 212 s 1601: "Section 1601 of this act applies to agreements for attorneys' fees entered into after April 29, 1987." [ 1987 c 212 s 1602.]
Application—1986 c 305 s 201: "Section 201 of this act applies to agreements for attorney's fees entered into after June 11, 1986." [ 1986 c 305 s 202.]
Preamble—Report to legislature—Severability—1986 c 305: See notes following RCW 4.16.160.

catchline: Tort actions—Attorneys' fees—Determination of reasonableness.


title: RCW 4.24.010

text:
(1) A parent or legal guardian who has regularly contributed to the support of his or her minor child, and a parent or legal guardian who has had significant involvement in the life of an adult child, may maintain or join as a party an action as plaintiff for the injury or death of the child. For purposes of this section, "significant involvement" means demonstrated support of an emotional, psychological, or financial nature within the parent-child relationship, at or reasonably near the time of death, or at or reasonably near the time of the incident causing death, including either giving or receiving emotional, psychological, or financial support to or from the child.
(2) In addition to recovering damages for the child's health care expenses, loss of the child's services, loss of the child's financial support, and other economic losses, damages may be also recovered under this section for the loss of love and companionship of the child, loss of the child's emotional support, and for injury to or destruction of the parent-child relationship, in such amounts as determined by a trier of fact to be just under all the circumstances of the case.
(3) An action may be maintained by a parent or legal guardian under this section, regardless of whether or not the child has attained the age of majority, only if the child has no spouse, state registered domestic partner, or children.
(4) Each parent is entitled to recover for his or her own loss separately from the other parent regardless of marital status, even though this section creates only one cause of action.
(5) If one parent brings an action under this section and the other parent is not named as a plaintiff, notice of the institution of the suit, together with a copy of the complaint, shall be served upon the other parent: PROVIDED, That notice shall be required only if parentage has been duly established.
Such notice shall be in compliance with the statutory requirements for a summons. Such notice shall state that the other parent must join as a party to the suit within twenty days or the right to recover damages under this section shall be barred. Failure of the other parent to timely appear shall bar such parent's action to recover any part of an award made to the party instituting the suit.
[ 2019 c 159 s 5; 1998 c 237 s 2; 1973 1st ex.s. c 154 s 4; 1967 ex.s. c 81 s 1; 1927 c 191 s 1; Code 1881 s 9; 1877 p 5 s 9; 1873 p 5 s 10; 1869 p 4 s 9; RRS s 184.]
Notes:
Retroactive application—2019 c 159: See note following RCW 4.20.010.
Intent—1998 c 237: "It is the intent of this act to address the constitutional issue of equal protection addressed by the Washington state supreme court in Guard v. Jackson, 132 Wn.2d 660 (1997). The legislature intends to provide a civil cause of action for wrongful injury or death of a minor child to a mother or father, or both, if the mother or father has had significant involvement in the child's life, including but not limited to, emotional, psychological, or financial support." [ 1998 c 237 s 1.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Action for injury or death of child.


title: RCW 4.24.020

text:
A father or mother, may maintain an action as plaintiff for the seduction of a child, and the guardian for the seduction of a ward, though the child or the ward be not living with or in the service of the plaintiff at the time of the seduction or afterwards, and there be no loss of service.
[ 1973 1st ex.s. c 154 s 5; Code 1881 s 10; 1877 p 5 s 10; 1869 p 4 s 10; RRS s 185.]
Notes:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Action by parent for seduction of child.


title: RCW 4.24.040

text:
Except as provided in RCW 76.04.760, if any person shall for any lawful purpose kindle a fire upon his or her own land, he or she shall do it at such time and in such manner, and shall take such care of it to prevent it from spreading and doing damage to other persons' property, as a prudent and careful person would do, and if he or she fails so to do he or she shall be liable in an action on the case to any person suffering damage thereby to the full amount of such damage.
[ 2014 c 81 s 2; 2009 c 549 s 1001; Code 1881 s 1226; 1877 p 300 s 3; RRS s 5647.]
Notes:
Reviser's note: The words "on the case" appear in the 1877 law and in the 1881 enrolled bill but were inadvertently omitted from the printed Code of 1881. See also Pettigrew v. McCoy-Loggie Timber Co., 138 Wash. 619, 245 P. 22 (1926).
Authority of chapter—Application—2014 c 81: See notes following RCW 76.04.760.
Arson, reckless burning, and malicious mischief: Chapter 9A.48 RCW.

catchline: Action for negligently permitting fire to spread.


title: RCW 4.24.050

text:
Persons engaged in driving lumber upon any waters or streams of this state, may kindle fires when necessary for the purposes in which they are engaged, but shall be bound to use the utmost caution to prevent the same from spreading and doing damage; and if they fail so to do, they shall be subject to all liabilities and penalties of RCW 4.24.040, 4.24.050, and 4.24.060, in the same manner as if the privilege granted by this section had not been allowed.
[ 1983 c 3 s 4; Code 1881 s 1228; 1877 p 300 s 5; RRS s 5648.]

catchline: Kindling of fires by persons driving lumber.


title: RCW 4.24.060

text:
The common law right to an action for damages done by fires, is not taken away or diminished by RCW 4.24.040, 4.24.050, and 4.24.060. However:
(1) Any person availing himself or herself of the provisions of RCW 4.24.040 , shall be barred of his or her action at common law for the damage so sued for;
(2) No action shall be brought at common law for kindling fires in the manner described in RCW 4.24.050. However, if any such fires shall spread and do damage, the person who kindled the fire and any person present and concerned in driving the lumber, by whose act or neglect the fire is suffered to spread and do damage shall be liable in an action on the case for the amount of damages thereby sustained; and
(3) A civil action for property damage to public or private forested lands, including real and personal property on those lands, resulting from a fire that started on or spread from public or private forested lands may be brought only under RCW 76.04.760.
[ 2014 c 81 s 3; 2011 c 336 s 93; 1983 c 3 s 5; Code 1881 s 1229; 1877 p 300 s 6; RRS s 5649.]
Notes:
Authority of chapter—Application—2014 c 81: See notes following RCW 76.04.760.

catchline: Application of common law.


title: RCW 4.24.070

text:
All persons losing money or anything of value at or on any illegal gambling games shall have a cause of action to recover from the dealer or player winning, or from the proprietor for whose benefit such game was played or dealt, or such money or things of value won, the amount of the money or the value of the thing so lost.
[ 1957 c 7 s 2; Code 1881 s 1255; 1879 p 98 s 3; RRS s 5851.]
Notes:
Gambling: Chapter 9.46 RCW.

catchline: Recovery of money lost at gambling.


title: RCW 4.24.080

text:
It shall be lawful for any person letting or renting any house, room, shop, or other building whatsoever, or any boat, booth, garden, or other place, which shall, at any time, be used by the lessee or occupant thereof, or any other person, with his or her knowledge or consent, for gambling purposes, upon discovery thereof, to avoid and terminate such lease, or contract of occupancy, and to recover immediate possession of the premises by an action at law for that purpose.
[ 2011 c 336 s 94; 1957 c 7 s 3; Code 1881 s 1257; 1879 p 98 s 5; RRS s 5852.]

catchline: Action to recover leased premises used for gambling.


title: RCW 4.24.090

text:
All notes, bills, bonds, mortgages, or other securities, or other conveyances, the consideration for which shall be money, or other things of value, won by playing at any unlawful game, shall be void and of no effect, as between the parties thereto and all other persons, except holders in good faith, without notice of the illegality of such contract or conveyance.
[ 1957 c 7 s 4; Code 1881 s 1254; 1879 p 98 s 2; RRS s 5853.]

catchline: Validity of evidence of gambling debt.


title: RCW 4.24.115

text:
(1) A covenant, promise, agreement, or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith, a contract or agreement for architectural, landscape architectural, engineering, or land surveying services, or a motor carrier transportation contract, purporting to indemnify, including the duty and cost to defend, against liability for damages arising out of such services or out of bodily injury to persons or damage to property:
(a) Caused by or resulting from the sole negligence of the indemnitee, his or her agents or employees is against public policy and is void and unenforceable;
(b) Caused by or resulting from the concurrent negligence of (i) the indemnitee or the indemnitee's agents or employees, and (ii) the indemnitor or the indemnitor's agents or employees, is valid and enforceable only to the extent of the indemnitor's negligence and only if the agreement specifically and expressly provides therefor, and may waive the indemnitor's immunity under industrial insurance, Title 51 RCW, only if the agreement specifically and expressly provides therefor and the waiver was mutually negotiated by the parties. This subsection applies to agreements entered into after June 11, 1986.
(2) As used in this section, a "motor carrier transportation contract" means a contract, agreement, or understanding covering: (a) The transportation of property for compensation or hire by the motor carrier; (b) entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or (c) a service incidental to activity described in (a) or (b) of this subsection, including, but not limited to, storage of property, moving equipment or trailers, loading or unloading, or monitoring loading or unloading. "Motor carrier transportation contract" shall not include agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.
[ 2012 c 160 s 1; 2011 c 336 s 95; 2010 c 120 s 1; 1986 c 305 s 601; 1967 ex.s. c 46 s 2.]
Notes:
Preamble—Report to legislature—Severability—1986 c 305: See notes following RCW 4.16.160.

catchline: Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate or relative to a motor carrier transportation contract.


title: RCW 4.24.130

text:
(1) Any person desiring a change of the person's name or that of the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian, may apply therefor to the district court of any judicial district in the state, by petition setting forth the desire for such change; thereupon such court in its discretion may order a change of the name and thenceforth the new name shall be in place of the former.
(2) An offender under the jurisdiction of the department of corrections who applies to change the offender's name under subsection (1) of this section shall submit a copy of the application to the department of corrections not fewer than five days before the entry of an order granting the name change. No offender under the jurisdiction of the department of corrections at the time of application shall be granted an order changing the offender's name if the court finds that doing so will interfere with legitimate penological interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. An offender under the jurisdiction of the department of corrections who receives an order changing the offender's name shall submit a copy of the order to the department of corrections within five days of the entry of the order. Violation of this subsection is a misdemeanor.
(3) A sex offender subject to registration under RCW 9A.44.130 who applies to change the sex offender's name under subsection (1) of this section shall follow the procedures set forth in RCW 9A.44.130(7).
(4) The district court shall collect the fees authorized by RCW 36.18.010 for filing and recording a name change order, and transmit the fee and the order to the county auditor. The court may collect a reasonable fee to cover the cost of transmitting the order to the county auditor. Upon affidavit by the person seeking the name change or a qualified legal service provider that the person is unable to pay the fees due to financial hardship, the court shall waive all fees for filing and recording a name change order and direct the county auditor or recording officer to process the name change order at no expense to the person. The court may not waive the fees if the person has received victim compensation for name change fees. For purposes of this subsection, "qualified legal service provider" means a not-for-profit legal services organization in Washington state whose primary purpose is to provide legal services to low-income clients.
(5)(a) Name change petitions may be filed and shall be heard in any superior court in the state:
(i) When a person desiring a change of the person's name:
(A) Is an emancipated minor under chapter 13.64 RCW; or
(B) Has received asylum, refugee, or special immigrant juvenile status; or
(ii) If the reason for the person's name change, or the name change of the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian, is:
(A) Related to gender expression or identity as defined in RCW 49.60.040; or
(B) Due to an experience of or reasonable fear of domestic violence, stalking, unlawful harassment, or coercive control as those terms are defined in RCW 7.105.010.
(b) When a person for whom a name change is sought is a child named in a proceeding under Title 13 or 74 RCW in which the court has exercised original, exclusive jurisdiction, the juvenile court has jurisdiction to either adjudicate a name change petition or grant concurrent jurisdiction to another court to hear the petition.
(c) Upon granting the name change, the superior court shall seal the file to protect the person's privacy or that of the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian. In all cases filed under this subsection (5), whether or not the name change petition is granted, there shall be no public access to any court record of the name change filing, proceeding, or order, unless the name change is granted but the file is not sealed. The name change file shall not thereafter be open to inspection except: (i) Upon order of the court for good cause shown; or (ii) upon the request of the person whose name change was granted or the person's guardian or representative.
(d) This subsection (5) does not apply to a person who is subject to the requirements of subsection (2) or (3) of this section.
[ 2023 c 34 s 1; 2022 c 141 s 1; 2021 c 215 s 90; 1998 c 220 s 5; 1995 sp.s. c 19 s 14; 1995 c 246 s 34; 1992 c 30 s 1; 1991 c 33 s 5; Code 1881 s 635; 1877 p 132 s 638; RRS s 998.]
Notes:
Effective date—2022 c 141: "This act takes effect July 1, 2022." [ 2022 c 141 s 3.]
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Severability—1998 c 220: See note following RCW 9A.44.130.
Findings—Purpose—Short title—Severability—Effective date—1995 1st sp.s. c 19: See notes following RCW 72.09.450.
Effective date—1991 c 33: See note following RCW 3.66.020.

catchline: Action for change of name—Fees.


title: RCW 4.24.140

text:
The courts of the state shall recognize and enforce the liability for taxes lawfully imposed by the laws of any other state which extends a like comity in respect to the liability for taxes lawfully imposed by the laws of this state and the officials of such state are hereby authorized to bring an action in all the courts of this state for the collection of such taxes: PROVIDED, That the courts of this state shall not recognize claims for such taxes against this state or any of its political subdivisions: PROVIDED, FURTHER, That the time limitations upon the bringing of such actions which may be imposed by the laws of such other state shall not be tolled by the absence from such state of the person from whom the taxes are sought. The certificate of the secretary of state of such other state to the effect that such officials have the authority to collect the taxes sought to be recovered by such action shall be conclusive proof of that authority.
[ 1951 c 166 s 1. FORMER PART OF SECTION: 1951 c 166 s 2 now codified as RCW 4.24.141.]
Notes:
Limitation of actions: Chapter 4.16 RCW.

catchline: Action by another state to enforce tax liability.


title: RCW 4.24.141

text:
The term "taxes" as used in RCW 4.24.140 shall include:
(1) Any and all tax assessments lawfully made whether they be based upon a return or other disclosure of the taxpayer, upon information and belief of the taxing authority, or otherwise;
(2) Any and all penalties lawfully imposed pursuant to a tax statute;
(3) Interest charges lawfully added to the tax liability which constitutes the subject of the action.
[ 1951 c 166 s 2. Formerly RCW 4.24.140, part.]

catchline: Action by another state to enforce tax liability—"Taxes" defined.


title: RCW 4.24.150

text:
Fines and forfeitures may be recovered by an action at law in the name of the officer or person to whom they are by law given, or in the name of the officer or person who by law is authorized to prosecute for them.
[Code 1881 s 657; 1869 p 153 s 597; RRS s 963.]
Notes:
Limitation of actions: Chapter 4.16 RCW.

catchline: Action for fines or forfeitures.


title: RCW 4.24.160

text:
When an action shall be commenced for a penalty, which by law is not to exceed a certain amount, the action may be commenced for that amount, and if judgment be given for the plaintiff, it may be for such amount or less, in the discretion of the court, in proportion to the offense.
[Code 1881 s 658; 1869 p 153 s 598; RRS s 964.]

catchline: Action for penalty—Amount of recovery.


title: RCW 4.24.170

text:
A recovery of a judgment for a penalty or forfeiture by collusion between the plaintiff and defendant, with intent to save the defendant wholly or partially from the consequences contemplated by law, in case when the penalty or forfeiture is given wholly or partly to the person who prosecutes, shall not bar the recovery of the same by another person.
[Code 1881 s 659; 1869 p 153 s 599; RRS s 965.]

catchline: Judgment for penalty or forfeiture—Effect of collusion.


title: RCW 4.24.180

text:
Fines and forfeitures not specially granted or otherwise appropriated by law, when recovered, shall be paid into the school fund of the proper county: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended. Whenever, by the provisions of law, any property real or personal shall be forfeited to the state, or to any officer for its use, the action for the recovery of such property may be commenced in any county where the defendant may be found or where such property may be.
[ 1987 c 202 s 115; 1969 ex.s. c 199 s 9; Code 1881 s 660; 1869 p 153 s 600; RRS s 966.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Disposition of fines, fees, costs, penalties and forfeitures: RCW 10.82.070.

catchline: Disposition of fines, fees, penalties and forfeitures—Venue.


title: RCW 4.24.190

text:
The parent or parents of any minor child under the age of eighteen years who is living with the parent or parents and who shall willfully or maliciously destroy or deface property, real or personal or mixed, or who shall willfully and maliciously inflict personal injury on another person, shall be liable to the owner of such property or to the person injured in a civil action at law for damages in an amount not to exceed five thousand dollars. This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence.
[ 1996 c 35 s 2; 1992 c 205 s 116; 1977 ex.s. c 145 s 1; 1967 ex.s. c 46 s 1; 1961 c 99 s 1.]
Notes:
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.

catchline: Action against parent for willful injury to person or property by minor—Monetary limitation—Common law liability preserved.


title: RCW 4.24.200

text:
The purpose of RCW 4.24.200 and 4.24.210 is to encourage owners or others in lawful possession and control of land and water areas or channels to make them available to the public for recreational purposes by limiting their liability toward persons entering thereon and toward persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon.
[ 1969 ex.s. c 24 s 1; 1967 c 216 s 1.]

catchline: Liability of owners or others in possession of land and water areas for injuries to recreation users—Purpose.


title: RCW 4.24.210

text:
(1) Except as otherwise provided in subsection (3) or (4) of this section, any public or private landowners, hydroelectric project owners, or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, skateboarding or other nonmotorized wheel-based activities, aviation activities including, but not limited to, the operation of airplanes, ultra-light airplanes, hang gliders, parachutes, and paragliders, rock climbing, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, kayaking, canoeing, rafting, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users.
(2) Except as otherwise provided in subsection (3) or (4) of this section, any public or private landowner or others in lawful possession and control of any lands whether rural or urban, or water areas or channels and lands adjacent to such areas or channels, who offer or allow such land to be used for purposes of a fish or wildlife cooperative project, or allow access to such land for cleanup of litter or other solid waste, shall not be liable for unintentional injuries to any volunteer group or to any other users.
(3) Any public or private landowner, or others in lawful possession and control of the land, may charge an administrative fee of up to twenty-five dollars for the cutting, gathering, and removing of firewood from the land.
(4)(a) Nothing in this section shall prevent the liability of a landowner or others in lawful possession and control for injuries sustained to users by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted.
(i) A fixed anchor used in rock climbing and put in place by someone other than a landowner is not a known dangerous artificial latent condition and a landowner under subsection (1) of this section shall not be liable for unintentional injuries resulting from the condition or use of such an anchor.
(ii) Releasing water or flows and making waterways or channels available for boating, swimming, fishing, kayaking, canoeing, or rafting purposes pursuant to and in substantial compliance with a hydroelectric license issued by the federal energy regulatory commission, and making adjacent lands available for purposes of allowing viewing of such activities, does not create a known dangerous artificial latent condition and hydroelectric project owners under subsection (1) of this section shall not be liable for unintentional injuries to the recreational users and observers resulting from such releases and activities.
(b) Nothing in RCW 4.24.200 and this section limits or expands in any way the doctrine of attractive nuisance.
(c) Usage by members of the public, volunteer groups, or other users is permissive and does not support any claim of adverse possession.
(5) For purposes of this section, the following are not fees:
(a) A license or permit issued for statewide use under authority of chapter 79A.05 RCW or Title 77 RCW;
(b) A pass or permit issued under RCW 79A.80.020, 79A.80.030, or 79A.80.040;
(c) A daily charge not to exceed twenty dollars per person, per day, for access to a publicly owned ORV sports park, as defined in RCW 46.09.310, or other public facility accessed by a highway, street, or nonhighway road for the purposes of off-road vehicle use;
(d) Payments to landowners for public access from state, local, or nonprofit organizations established under department of fish and wildlife cooperative public access agreements if the landowner does not charge a fee to access the land subject to the cooperative agreement; and
(e) A permit or license issued, or any application or processing fee therefore, for an organized event or commercial use under authority of chapter 43.12 or 43.30 RCW or Title 79 RCW.
[ 2024 c 18 s 1; 2023 c 183 s 1; 2017 c 245 s 1; 2012 c 15 s 1. Prior: 2011 c 320 s 11; 2011 c 171 s 2; 2011 c 53 s 1; 2006 c 212 s 6; prior: 2003 c 39 s 2; 2003 c 16 s 2; 1997 c 26 s 1; 1992 c 52 s 1; prior: 1991 c 69 s 1; 1991 c 50 s 1; 1980 c 111 s 1; 1979 c 53 s 1; 1972 ex.s. c 153 s 17; 1969 ex.s. c 24 s 2; 1967 c 216 s 2.]
Notes:
Application—2023 c 183: "This act does not apply to any action filed prior to July 23, 2023." [ 2023 c 183 s 2.]
Findings—Intent—2011 c 320: See RCW 79A.80.005.
Effective date—2011 c 320: See note following RCW 79A.80.005.
Intent—2011 c 171: "This act is intended to reconcile and conform amendments made in chapter 161, Laws of 2010 with other legislation passed during the 2010 legislative sessions, as well as provide technical amendments to codified sections affected by chapter 161, Laws of 2010. Any statutory changes made by this act should be interpreted as technical in nature and not be interpreted to have any substantive policy or legal implications." [ 2011 c 171 s 1.]
Effective date—2011 c 171: "Except for section 129 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2011." [ 2011 c 171 s 142.]
Finding—2003 c 16: "The legislature finds that some property owners in Washington are concerned about the possibility of liability arising when individuals are permitted to engage in potentially dangerous outdoor recreational activities, such as rock climbing. Although RCW 4.24.210 provides property owners with immunity from legal claims for any unintentional injuries suffered by certain individuals recreating on their land, the legislature finds that it is important to the promotion of rock climbing opportunities to specifically include rock climbing as one of the recreational activities that are included in RCW 4.24.210. By including rock climbing in RCW 4.24.210, the legislature intends merely to provide assurance to the owners of property suitable for this type of recreation, and does not intend to limit the application of RCW 4.24.210 to other types of recreation. By providing that a landowner shall not be liable for any unintentional injuries resulting from the condition or use of a fixed anchor used in rock climbing, the legislature recognizes that such fixed anchors are recreational equipment used by climbers for which a landowner has no duty of care." [ 2003 c 16 s 1.].
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
Off-road and nonhighway vehicles: Chapter 46.09 RCW.
Snowmobiles: Chapter 46.10 RCW.

catchline: Liability of owners or others in possession of land and water areas for injuries to recreation users—Known dangerous artificial latent conditions—Other limitations.


title: RCW 4.24.220

text:
In any civil action brought by reason of any person having been detained on or in the immediate vicinity of the premises of a mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise, it shall be a defense of such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer or by the owner of the mercantile establishment, his or her authorized employee or agent, and that such peace officer, owner, employee, or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit larceny or shoplifting on such premises of such merchandise. As used in this section, "reasonable grounds" shall include, but not be limited to, knowledge that a person has concealed possession of unpurchased merchandise of a mercantile establishment, and a "reasonable time" shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise.
[ 2011 c 336 s 96; 1967 c 76 s 3.]
Notes:
Theft and robbery: Chapter 9A.56 RCW.

catchline: Action for being detained on mercantile establishment premises for investigation—"Reasonable grounds" as defense.


title: RCW 4.24.230

text:
(1) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof is liable in addition to actual damages, for a penalty to the owner or seller in the amount of the retail value thereof not to exceed two thousand eight hundred fifty dollars, plus an additional penalty of not less than one hundred dollars nor more than six hundred fifty dollars, plus all reasonable attorney's fees and court costs expended by the owner or seller. A customer who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves without paying, is subject to liability under this section. A person who shall receive any food, money, credit, lodging, or accommodation at any hotel, motel, boarding house, or lodging house, and then leaves without paying the proprietor, manager, or authorized employee thereof, is subject to liability under this section.
(2) The parent or legal guardian having the custody of an unemancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller and with the intention of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, is liable as a penalty to the owner or seller for the retail value of such goods, wares, or merchandise not to exceed one thousand four hundred twenty-five dollars plus an additional penalty of not less than one hundred dollars nor more than six hundred fifty dollars, plus all reasonable attorney's fees and court costs expended by the owner or seller. The parent or legal guardian having the custody of an unemancipated minor, who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves without paying, is subject to liability under this section. The parent or legal guardian having the custody of an unemancipated minor, who receives any food, money, credit, lodging, or accommodation at any hotel, motel, boarding house, or lodging house, and then leaves without paying the proprietor, manager, or authorized employee thereof, is subject to liability under this section. For the purposes of this subsection, liability shall not be imposed upon any governmental entity, private agency, or foster parent assigned responsibility for the minor child pursuant to court order or action of the department of social and health services.
(3) Judgments and claims arising under this section may be assigned.
(4) A conviction for violation of chapter 9A.56 RCW shall not be a condition precedent to maintenance of a civil action authorized by this section.
(5) An owner or seller demanding payment of a penalty under subsection (1) or (2) of this section shall give written notice to the person or persons from whom the penalty is sought. The notice shall state:
"IMPORTANT NOTICE: The payment of any penalty demanded of you does not prevent criminal prosecution under a related criminal provision."
This notice shall be boldly and conspicuously displayed, in at least the same size type as is used in the demand, and shall be sent with the demand for payment of a penalty described in subsection (1) or (2) of this section.
[ 2009 c 431 s 3; 1994 c 9 s 1; 1987 c 353 s 1; 1981 c 126 s 1; 1977 ex.s. c 134 s 1; 1975 1st ex.s. c 59 s 1.]
Notes:
Applicability—2009 c 431: "This act applies to crimes committed on or after September 1, 2009." [ 2009 c 431 s 20.]
Obtaining food from restaurant without paying: RCW 19.48.110.
Property crime database, liability: RCW 4.24.340.

catchline: Liability for conversion of goods or merchandise from store or mercantile establishment, leaving restaurant or hotel or motel without paying—Adults, minors—Parents, guardians—Notice.


title: RCW 4.24.235

text:
A licensed physician shall not be liable for civil damages resulting directly or indirectly from providing, or refusing to provide, a written verification that a person under that physician's care us [is] unable to wear an automotive safety belt.
[ 1986 c 152 s 2.]
Notes:
Safety belts, use required: RCW 46.61.688.

catchline: Physicians—Immunity from liability regarding safety belts.


title: RCW 4.24.240

text:
(1)(a) A person licensed by this state to provide health care or related services including, but not limited to, an acupuncturist or acupuncture and Eastern medicine practitioner, a physician, osteopathic physician, dentist, nurse, optometrist, podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician assistant, osteopathic physician's assistant, nurse practitioner, including, in the event such person is deceased, his or her estate or personal representative;
(b) An employee or agent of a person described in subparagraph (a) of this subsection, acting in the course and scope of his or her employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or
(c) An entity, whether or not incorporated, facility, or institution employing one or more persons described in subparagraph (a) of this subsection, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, trustee, employee, or agent thereof acting in the course and scope of his or her employment, including in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative;
shall be immune from civil action for damages arising out of the good faith performance of their duties on such committees, where such actions are being brought by or on behalf of the person who is being evaluated.
(2) No member, employee, staff person, or investigator of a professional review committee shall be liable in a civil action as a result of acts or omissions made in good faith on behalf of the committee; nor shall any person be so liable for filing charges with or supplying information or testimony in good faith to any professional review committee; nor shall a member, employee, staff person, or investigator of a professional society, of a professional examining or licensing board, of a professional disciplinary board, of a governing board of any institution, or of any employer of professionals be so liable for good faith acts or omissions made in full or partial reliance on recommendations or decisions of a professional review committee or examining board.
[ 2019 c 308 s 14; 2010 c 286 s 11; 1995 c 323 s 1; 1985 c 326 s 25; 1975-'76 2nd ex.s. c 56 s 4; 1975 1st ex.s. c 114 s 1; 1969 ex.s. c 157 s 1.]
Notes:
Findings—2019 c 308: See note following RCW 18.06.010.
Intent—2010 c 286: See RCW 18.06.005.
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.

catchline: Persons licensed to provide health care or related services, employees, hospitals, clinics, etc.—Professional review committee, society, examining, licensing or disciplinary board members, etc.—Immunity from civil suit.


title: RCW 4.24.250

text:
(1) Any health care provider as defined in RCW 7.70.020 (1) and (2) who, in good faith, files charges or presents evidence against another member of their profession based on the claimed incompetency or gross misconduct of such person before a regularly constituted review committee or board of a professional society or hospital whose duty it is to evaluate the competency and qualifications of members of the profession, including limiting the extent of practice of such person in a hospital or similar institution, or before a regularly constituted committee or board of a hospital whose duty it is to review and evaluate the quality of patient care and any person or entity who, in good faith, shares any information or documents with one or more other committees, boards, or programs under subsection (2) of this section, shall be immune from civil action for damages arising out of such activities. For the purposes of this section, sharing information is presumed to be in good faith. However, the presumption may be rebutted upon a showing of clear, cogent, and convincing evidence that the information shared was knowingly false or deliberately misleading. The proceedings, reports, and written records of such committees or boards, or of a member, employee, staff person, or investigator of such a committee or board, are not subject to review or disclosure, or subpoena or discovery proceedings in any civil action, except actions arising out of the recommendations of such committees or boards involving the restriction or revocation of the clinical or staff privileges of a health care provider as defined in RCW 7.70.020 (1) and (2).
(2) A coordinated quality improvement program maintained in accordance with RCW 43.70.510 or 70.41.200, a quality assurance committee maintained in accordance with RCW 18.20.390 or 74.42.640, or any committee or board under subsection (1) of this section may share information and documents, including complaints and incident reports, created specifically for, and collected and maintained by, a coordinated quality improvement committee or committees or boards under subsection (1) of this section, with one or more other coordinated quality improvement programs or committees or boards under subsection (1) of this section for the improvement of the quality of health care services rendered to patients and the identification and prevention of medical malpractice. The privacy protections of chapter 70.02 RCW and the federal health insurance portability and accountability act of 1996 and its implementing regulations apply to the sharing of individually identifiable patient information held by a coordinated quality improvement program. Any rules necessary to implement this section shall meet the requirements of applicable federal and state privacy laws. Information and documents disclosed by one coordinated quality improvement program or committee or board under subsection (1) of this section to another coordinated quality improvement program or committee or board under subsection (1) of this section and any information and documents created or maintained as a result of the sharing of information and documents shall not be subject to the discovery process and confidentiality shall be respected as required by subsection (1) of this section and by RCW 43.70.510(4), 70.41.200(3), 18.20.390 (6) and (8), and 74.42.640 (7) and (9).
[ 2005 c 291 s 1; 2005 c 33 s 5; 2004 c 145 s 1; 1981 c 181 s 1; 1979 c 17 s 1; 1977 c 68 s 1; 1975 1st ex.s. c 114 s 2; 1971 ex.s. c 144 s 1.]
Notes:
Reviser's note: This section was amended by 2005 c 33 s 5 and by 2005 c 291 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—2005 c 33: See note following RCW 18.20.390.

catchline: Health care provider filing charges or presenting evidence—Immunity—Information sharing.