Chapter 4.24 RCW

SPECIAL RIGHTS OF ACTION AND SPECIAL IMMUNITIES

Sections

4.24.005Tort actionsAttorneys' feesDetermination of reasonableness.
4.24.010Action for injury or death of child.
4.24.020Action by parent for seduction of child.
4.24.040Action for negligently permitting fire to spread.
4.24.050Kindling of fires by persons driving lumber.
4.24.060Application of common law.
4.24.070Recovery of money lost at gambling.
4.24.080Action to recover leased premises used for gambling.
4.24.090Validity of evidence of gambling debt.
4.24.115Validity 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.
4.24.130Action for change of nameFees.
4.24.140Action by another state to enforce tax liability.
4.24.141Action by another state to enforce tax liability"Taxes" defined.
4.24.150Action for fines or forfeitures.
4.24.160Action for penaltyAmount of recovery.
4.24.170Judgment for penalty or forfeitureEffect of collusion.
4.24.180Disposition of fines, fees, penalties and forfeituresVenue.
4.24.190Action against parent for willful injury to person or property by minorMonetary limitationCommon law liability preserved.
4.24.200Liability of owners or others in possession of land and water areas for injuries to recreation usersPurpose.
4.24.210Liability of owners or others in possession of land and water areas for injuries to recreation usersKnown dangerous artificial latent conditionsOther limitations.
4.24.220Action for being detained on mercantile establishment premises for investigation"Reasonable grounds" as defense.
4.24.230Liability for conversion of goods or merchandise from store or mercantile establishment, leaving restaurant or hotel or motel without payingAdults, minorsParents, guardiansNotice.
4.24.235PhysiciansImmunity from liability regarding safety belts.
4.24.240Persons 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.
4.24.250Health care provider filing charges or presenting evidenceImmunityInformation sharing.
4.24.260Health professionals making reports, filing charges, or presenting evidenceImmunity.
4.24.264Boards of directors or officers of nonprofit corporationsLiabilityLimitations.
4.24.290Action for damages based on professional negligence of hospitals or members of healing artsStandard of proofEvidenceException.
4.24.300Immunity from liability for certain types of medical care.
4.24.310Persons rendering emergency care or transportationDefinitions.
4.24.314Person causing hazardous materials incidentResponsibility for incident clean-upLiability.
4.24.320Action by person damaged by malicious mischief to livestock or by owner damaged by theft of livestockTreble damages, attorney's fees.
4.24.330Action for damages caused by criminal street gang tagging and graffiti.
4.24.340Liability of merchants and other parties for creating a property crime databaseInformation sharing.
4.24.350Actions for damages that are false, unfounded, malicious, without probable cause, or part of conspiracyAction, claim, or counterclaim by judicial officer, prosecuting authority, or law enforcement officer for malicious prosecutionDamages and costsAttorneys' feesDefinitions.
4.24.355Action by person removed from premises pursuant to RCW 9A.52.105Damages, costs, attorneys' fees.
4.24.360Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.Declared void and unenforceableExceptions.
4.24.370Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc."Construction contract" defined.
4.24.380Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.Prospective application of RCW 4.24.360.
4.24.400Building warden assisting others to evacuate building or attempting to control hazardImmunity from liability.
4.24.410Dog handler using dog in line of dutyImmunity.
4.24.420Action by person committing a felonyDefenseActions under 42 U.S.C. Sec. 1983.
4.24.430Actions by persons serving criminal sentenceWaiver of filing feesEffect of previous claims dismissed on grounds claim was frivolous or malicious.
4.24.450Liability of operators for nuclear incidentsDefinitions.
4.24.460Liability of operators for nuclear incidentsPresumption of operator negligenceRebuttalRecovery for negligence or against other parties not limited by section.
4.24.470Liability of officials and members of governing body of public agencyDefinitions.
4.24.480Liability of members of state hazardous materials planning committee and local emergency planning committees.
4.24.490Indemnification of state employees.
4.24.495Liability of public employers for deducting or receiving agency or fair share fees from public employeesFindings and declarationDefinitions.
4.24.500Good faith communication to government agencyLegislative findingsPurpose.
4.24.510Communication to government agency or self-regulatory organizationImmunity from civil liability.
4.24.520Good faith communication to government agencyWhen agency or attorney general may defend against lawsuitCosts and fees.
4.24.525Public participation lawsuitsSpecial motion to strike claimDamages, costs, attorneys' fees, other reliefDefinitions.
4.24.530Limitations on liability for equine activitiesDefinitions.
4.24.540Limitations on liability for equine activitiesExceptions.
4.24.545Electronic monitoring or 24/7 sobriety program participationLimitation on liability.
4.24.550Sex offenders and kidnapping offendersRelease of information to publicWeb site.
4.24.5501Sex offendersModel policyWork group.
4.24.551Law enforcement response to secure community transition facilityLimitation on liability.
4.24.555Release of information not restricted by pending appeal, petition, or writ.
4.24.556Sex offender treatment providersAffiliate sex offender treatment providersLimited liabilityResponsibilities.
4.24.558Limitations on liability for information sharing regarding persons under court orders for supervision or treatment.
4.24.560Defense to action for injury caused by indoor air pollutants.
4.24.570Acts against animals in research or educational facilities.
4.24.575Acts against animals kept for agricultural or veterinary purposes.
4.24.580Acts against animal facilitiesInjunction.
4.24.590Liability of foster parents.
4.24.595Liability immunityEmergent placement investigations of child abuse or neglectShelter care and other dependency orders.
4.24.601Hazards to the publicInformationLegislative findings, policy, intent.
4.24.611Product liability/hazardous substance claimsPublic right to informationConfidentialityDamages, costs, attorneys' feesRepeal.
4.24.630Liability for damage to land and propertyDamagesCostsAttorneys' feesExceptions.
4.24.640Firearm safety program liability.
4.24.660Liability of school districts under contracts with youth programs.
4.24.670Liability of volunteers of nonprofit or governmental entities.
4.24.680Unlawful release of court and law enforcement employee informationException.
4.24.690Unlawful release of court and law enforcement employee informationCourt action to prevent.
4.24.700Unlawful release of court and law enforcement employee informationDamages, fees, and costs.
4.24.710Outdoor music festival, campgroundDetention.
4.24.720Liability immunityAmber alerts.
4.24.730Liability immunityDisclosure of employee information to prospective employer.
4.24.740Liability immunityBovine handling activities.
4.24.750Monitoring of persons charged with or convicted of misdemeanorsDecisions concerning release of criminal offendersFindings.
4.24.760Limited jurisdiction courtsLimitation on liability for inadequate supervision or monitoringDefinitions.
4.24.770Private employer not liable for injury to unauthorized third-party occupant of private employer's vehicle.
4.24.780Liability of fire service protection agency in providing firefighting efforts outside of jurisdiction or emergency services.
4.24.790Electronic impersonationAction for invasion of privacy.
4.24.795Distribution of intimate imagesLiability for damages, other civil penaltiesConfidentiality of the plaintiff.
4.24.800Liability immunityCharitable donation of eyeglasses or hearing instruments.
4.24.810Liability immunityCredentialing or granting practice privileges to health care providers responding to emergencies.
4.24.820Nonrecognition of foreign orderIncompatibility with public policy.
4.24.830AgritourismDefinitions.
4.24.832AgritourismImmunity.
4.24.835AgritourismWarning notice.
4.24.840Effect of sexual harassment or sexual assault nondisclosure agreement on discovery and witness availability.
4.24.900ConstructionChapter applicable to state registered domestic partnerships2009 c 521.

NOTES:

Action for money damages due to gambling violations: RCW 9.46.200.
Arson reporting immunity act: Chapter 48.50 RCW.
Consent to treatment of minor for sexually transmitted disease, liability: RCW 70.24.110.
Food donation and distribution, limitation of liability: Chapter 69.80 RCW.
Hazardous materials incidents, rendering emergency aid, liability: RCW 70.136.050.
Injuries resulting from health care, special actions: Chapter 7.70 RCW.
Malpractice insurance for retired physicians providing health care services: RCW 43.70.460.
Mine rescue or recovery work, liability: RCW 38.52.198.
Physician or hospital rendering emergency care, liability: RCW 18.71.220.
Physician's trained advanced emergency medical technician and paramedic, liability: RCW 18.71.210.
Public benefit hospital entity joint self-insurance program filings and publications, civil immunity: RCW 48.190.120.
Special proceedings and actions: Title 7 RCW.


Tort actionsAttorneys' feesDetermination of reasonableness.

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.

NOTES:

Application1987 c 212 § 1601: "Section 1601 of this act applies to agreements for attorneys' fees entered into after April 29, 1987." [ 1987 c 212 § 1602.]
Application1986 c 305 § 201: "Section 201 of this act applies to agreements for attorney's fees entered into after June 11, 1986." [ 1986 c 305 § 202.]
PreambleReport to legislatureSeverability1986 c 305: See notes following RCW 4.16.160.



Action for injury or death of child.

(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.

NOTES:

Retroactive application2019 c 159: See note following RCW 4.20.010.
Intent1998 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 § 1.]
Severability1973 1st ex.s. c 154: See note following RCW 2.12.030.



Action by parent for seduction of child.

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.

NOTES:

Severability1973 1st ex.s. c 154: See note following RCW 2.12.030.



Action for negligently permitting fire to spread.

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 § 2; 2009 c 549 § 1001; Code 1881 § 1226; 1877 p 300 § 3; RRS § 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 chapterApplication2014 c 81: See notes following RCW 76.04.760.
Arson, reckless burning, and malicious mischief: Chapter 9A.48 RCW.



Kindling of fires by persons driving lumber.

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 § 4; Code 1881 § 1228; 1877 p 300 § 5; RRS § 5648.]



Application of common law.

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.

NOTES:

Authority of chapterApplication2014 c 81: See notes following RCW 76.04.760.



Recovery of money lost at gambling.

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 § 2; Code 1881 § 1255; 1879 p 98 § 3; RRS § 5851.]

NOTES:

Gambling: Chapter 9.46 RCW.



Action to recover leased premises used for gambling.

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 § 94; 1957 c 7 § 3; Code 1881 § 1257; 1879 p 98 § 5; RRS § 5852.]



Validity of evidence of gambling debt.

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 § 4; Code 1881 § 1254; 1879 p 98 § 2; RRS § 5853.]



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.

(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.

NOTES:

PreambleReport to legislatureSeverability1986 c 305: See notes following RCW 4.16.160.



Action for change of nameFees.

(1) Any person desiring a change of his or her name or that of his or her child or ward, may apply therefor to the district court of the judicial district in which he or she resides, by petition setting forth the reasons 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 his or her 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 his or her 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 his or her 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 his or her name under subsection (1) of this section shall follow the procedures set forth in *RCW 9A.44.130(6).
(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.
(5) Name change petitions may be filed and shall be heard in superior court when the person desiring a change of his or her name or that of his or her child or ward is a victim of domestic violence as defined in **RCW 26.50.010(1) and the person seeks to have the name change file sealed due to reasonable fear for his or her safety or that of his or her child or ward. Upon granting the name change, the superior court shall seal the file if the court finds that the safety of the person seeking the name change or his or her child or ward warrants sealing the file. In all cases filed under this subsection, 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.

NOTES:

Reviser's note: *(1) RCW 9A.44.130 was amended by 2015 c 261 § 3, changing subsection (6) to subsection (7).
**(2) RCW 26.50.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (1) to subsection (3).
Severability1998 c 220: See note following RCW 9A.44.130.
FindingsPurposeShort titleSeverabilityEffective date1995 1st sp.s. c 19: See notes following RCW 72.09.450.
Severability1995 c 246: See note following RCW 26.50.010.
Effective date1991 c 33: See note following RCW 3.66.020.



Action by another state to enforce tax liability.

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 § 1. FORMER PART OF SECTION: 1951 c 166 § 2 now codified as RCW 4.24.141.]

NOTES:

Limitation of actions: Chapter 4.16 RCW.



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

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 § 2. Formerly RCW 4.24.140, part.]



Action for fines or forfeitures.

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 § 657; 1869 p 153 § 597; RRS § 963.]

NOTES:

Limitation of actions: Chapter 4.16 RCW.



Action for penaltyAmount of recovery.

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 § 658; 1869 p 153 § 598; RRS § 964.]



Judgment for penalty or forfeitureEffect of collusion.

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 § 659; 1869 p 153 § 599; RRS § 965.]



Disposition of fines, fees, penalties and forfeituresVenue.

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.

NOTES:

Intent1987 c 202: See note following RCW 2.04.190.
Disposition of fines, fees, costs, penalties and forfeitures: RCW 10.82.070.



Action against parent for willful injury to person or property by minorMonetary limitationCommon law liability preserved.

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.

NOTES:

Part headings not lawSeverability1992 c 205: See notes following RCW 13.40.010.



Liability of owners or others in possession of land and water areas for injuries to recreation usersPurpose.

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.



Liability of owners or others in possession of land and water areas for injuries to recreation usersKnown dangerous artificial latent conditionsOther limitations.

(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 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; and
(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.

NOTES:

FindingsIntent2011 c 320: See RCW 79A.80.005.
Effective date2011 c 320: See note following RCW 79A.80.005.
Intent2011 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 § 1.]
Effective date2011 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 § 142.]
Finding2003 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 § 1.].
Purpose1972 ex.s. c 153: See RCW 79A.35.070.
Off-road and nonhighway vehicles: Chapter 46.09 RCW.
Snowmobiles: Chapter 46.10 RCW.



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

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.

NOTES:

Theft and robbery: Chapter 9A.56 RCW.



Liability for conversion of goods or merchandise from store or mercantile establishment, leaving restaurant or hotel or motel without payingAdults, minorsParents, guardiansNotice.

(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.

NOTES:

Applicability2009 c 431: "This act applies to crimes committed on or after September 1, 2009." [ 2009 c 431 § 20.]
Obtaining food from restaurant without paying: RCW 19.48.110.
Property crime database, liability: RCW 4.24.340.



PhysiciansImmunity from liability regarding safety belts.

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.

NOTES:

Safety belts, use required: RCW 46.61.688.



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.

(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.

NOTES:

Findings2019 c 308: See note following RCW 18.06.010.
Intent2010 c 286: See RCW 18.06.005.
Severability1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.



Health care provider filing charges or presenting evidenceImmunityInformation sharing.

(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).

NOTES:

Reviser's note: This section was amended by 2005 c 33 § 5 and by 2005 c 291 § 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).
Findings2005 c 33: See note following RCW 18.20.390.



Health professionals making reports, filing charges, or presenting evidenceImmunity.

Any member of a health profession listed under RCW 18.130.040 who, in good faith, makes a report, files charges, or presents evidence against another member of a health profession based on the claimed unprofessional conduct as provided in RCW 18.130.180 or inability to practice with reasonable skill and safety to consumers by reason of any physical or mental condition as provided in RCW 18.130.170 of such person before the agency, board, or commission responsible for disciplinary activities for the person's profession under chapter 18.130 RCW, shall be immune from civil action for damages arising out of such activities. A person prevailing upon the good faith defense provided for in this section is entitled to recover expenses and reasonable attorneys' fees incurred in establishing the defense.

NOTES:

FindingsIntentPart headings and subheadings not lawSeverability2006 c 8: See notes following RCW 5.64.010.
SeverabilityHeadings and captions not lawEffective date1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.



Boards of directors or officers of nonprofit corporationsLiabilityLimitations.

(1) Except as provided in subsection (2) of this section, a member of the board of directors or an officer of any nonprofit corporation is not individually liable for any discretionary decision or failure to make a discretionary decision within his or her official capacity as director or officer unless the decision or failure to decide constitutes gross negligence.
(2) Nothing in this section shall limit or modify in any manner the duties or liabilities of a director or officer of a corporation to the corporation or the corporation's members.

NOTES:

PreambleReport to legislatureApplicabilitySeverability1986 c 305: See notes following RCW 4.16.160.



Action for damages based on professional negligence of hospitals or members of healing artsStandard of proofEvidenceException.

In any civil action for damages based on professional negligence against a hospital which is licensed by the state of Washington or against the personnel of any such hospital, or against a member of the healing arts including, but not limited to, an acupuncturist or acupuncture and Eastern medicine practitioner licensed under chapter 18.06 RCW, a physician licensed under chapter 18.71 RCW, an osteopathic physician licensed under chapter 18.57 RCW, a chiropractor licensed under chapter 18.25 RCW, a dentist licensed under chapter 18.32 RCW, a podiatric physician and surgeon licensed under chapter 18.22 RCW, or a nurse licensed under chapter 18.79 RCW, the plaintiff in order to prevail shall be required to prove by a preponderance of the evidence that the defendant or defendants failed to exercise that degree of skill, care, and learning possessed at that time by other persons in the same profession, and that as a proximate result of such failure the plaintiff suffered damages, but in no event shall the provisions of this section apply to an action based on the failure to obtain the informed consent of a patient.

NOTES:

Findings2019 c 308: See note following RCW 18.06.010.
Intent2010 c 286: See RCW 18.06.005.
SeverabilityHeadings and captions not lawEffective date1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Limitations of actions for injuries resulting from health care or related services: RCW 4.16.350.



Immunity from liability for certain types of medical care.

(1) Any person, including but not limited to a volunteer provider of emergency or medical services, who without compensation or the expectation of compensation renders emergency care at the scene of an emergency or who participates in transporting, not for compensation, therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering emergency care during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care is excluded from the protection of this subsection.
(2) Any licensed health care provider regulated by a disciplining authority under RCW 18.130.040 in the state of Washington who, without compensation or the expectation of compensation, provides health care services at a community health care setting is not liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
(3) For purposes of subsection (2) of this section, "community health care setting" means an entity that provides health care services and:
(a) Is a clinic operated by a public entity or private tax exempt corporation, except a clinic that is owned, operated, or controlled by a hospital licensed under chapter 70.41 RCW unless the hospital-based clinic either:
(i) Maintains and holds itself out to the public as having established hours on a regular basis for providing free health care services to members of the public to the extent that care is provided without compensation or expectation of compensation during those established hours; or
(ii) Is participating, through a written agreement, in a community-based program to provide access to health care services for uninsured persons, to the extent that:
(A) Care is provided without compensation or expectation of compensation to individuals who have been referred for care through that community-based program; and
(B) The health care provider's participation in the community-based program is conditioned upon his or her agreement to provide health services without expectation of compensation;
(b) Is a for-profit corporation that maintains and holds itself out to the public as having established hours on a regular basis for providing free health care services to members of the public to the extent that care is provided without compensation or expectation of compensation during those established hours; or
(c) Is a for-profit corporation that is participating, through a written agreement, in a community-based program to provide access to health care services for uninsured persons, to the extent that:
(i) Care is provided without compensation or expectation of compensation to individuals who have been referred for care through that community-based program; and
(ii) The health care provider's participation in the community-based program is conditioned upon his or her agreement to provide health services without expectation of compensation.
(4) Any school district employee not licensed under chapter 18.79 RCW who renders emergency care at the scene of an emergency during an officially designated school activity or who participates in transporting therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct.

NOTES:

SeverabilityEffective date1985 c 443: See notes following RCW 7.69.010.
Citizen's immunity if aiding police officer: RCW 9.01.055.
Infectious disease testing availability: RCW 70.05.180.



Persons rendering emergency care or transportationDefinitions.

For the purposes of RCW 4.24.300 the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
(1) "Compensation" has its ordinary meaning but does not include: Nominal payments, reimbursement for expenses, or pension benefits; payments made to volunteer part-time and volunteer on-call personnel of fire departments, fire districts, ambulance districts, police departments, or any emergency response organizations; or any payment to a person employed as a transit operator who is paid for his or her regular work, which work does not routinely include providing emergency care or emergency transportation.
(2) "Emergency care" means care, first aid, treatment, or assistance rendered to the injured person in need of immediate medical attention and includes providing or arranging for further medical treatment or care for the injured person. Except with respect to the injured person or persons being transported for further medical treatment or care, the immunity granted by RCW 4.24.300 does not apply to the negligent operation of any motor vehicle.
(3) "Scene of an emergency" means the scene of an accident or other sudden or unexpected event or combination of circumstances which calls for immediate action.

NOTES:

SeverabilityEffective date1985 c 443: See notes following RCW 7.69.010.
Infectious disease testing availability: RCW 70.05.180.



Person causing hazardous materials incidentResponsibility for incident clean-upLiability.

(1) Any person transporting hazardous materials shall clean up any hazardous materials incident that occurs during transportation, and shall take such additional action as may be reasonably necessary after consultation with the designated incident command agency in order to achieve compliance with all applicable federal and state laws and regulations.
Any person transporting hazardous materials that is responsible for causing a hazardous materials incident, as defined in RCW 70.136.020, other than the operating employees of a transportation company, is liable to the state or any political subdivision thereof for extraordinary costs incurred by the state or the political subdivision in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident.
(2) Any person, other than a person transporting hazardous materials or an operating employee of a company, responsible for causing a hazardous materials incident, as defined in RCW 70.136.020, is liable to a municipal fire department or fire district for extraordinary costs incurred by the municipal fire department or fire district, in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident, until the incident oversight is assumed by the department of ecology.
(3) "Extraordinary costs" as used in this section means those reasonable and necessary costs incurred by a governmental entity in the course of protecting life and property that exceed the normal and usual expenses anticipated for police and fire protection, emergency services, and public works. These shall include, but not be limited to, overtime for public employees, unusual fuel consumption requirements, any loss or damage to publicly owned equipment, and the purchase or lease of any special equipment or services required to protect the public during the hazardous materials incident.



Action by person damaged by malicious mischief to livestock or by owner damaged by theft of livestockTreble damages, attorney's fees.

Any person whose livestock is damaged as a result of actions described in RCW 16.52.205 or any owner of livestock who suffers damage as a result of a willful, unauthorized act described in RCW 9A.56.080, 9A.56.083, or 16.52.320 may bring an action against the person or persons committing the act in a court of competent jurisdiction for exemplary damages up to three times the actual damages sustained, plus attorney's fees. As used in this section, "livestock" means the animals specified in RCW 9A.56.080 and 16.52.011.

NOTES:

IntentEffective date2003 c 53: See notes following RCW 2.48.180.



Action for damages caused by criminal street gang tagging and graffiti.

(1) An adult or emancipated minor who commits criminal street gang tagging and graffiti under RCW 9A.48.105 by causing physical damage to the property of another is liable in addition to actual damages, for a penalty to the owner in the amount of the value of the damaged property not to exceed one thousand dollars, plus an additional penalty of not less than one hundred dollars nor more than two hundred dollars, plus all reasonable attorneys' fees and court costs expended by the owner.
(2) A conviction for violation of RCW 9A.48.105 is not a condition precedent to maintenance of a civil action authorized by this section.
(3) An owner demanding payment of a penalty under subsection (1) of this section shall give written notice to the person or persons from whom the penalty is sought.

NOTES:

SeverabilityPart headings, subheadings not law2008 c 276: See notes following RCW 36.28A.200.



Liability of merchants and other parties for creating a property crime databaseInformation sharing.

Merchants and other parties who create a database of individuals who have been: Apprehended in the process of committing a property crime; assessed a civil fine or penalty for committing a property crime; or convicted of a property crime are not subject to civil fines or penalties for sharing information from the database with other merchants, law enforcement officials, or legal professionals.

NOTES:

Applicability2009 c 431: See note following RCW 4.24.230.



Actions for damages that are false, unfounded, malicious, without probable cause, or part of conspiracyAction, claim, or counterclaim by judicial officer, prosecuting authority, or law enforcement officer for malicious prosecutionDamages and costsAttorneys' feesDefinitions.

(1) In any action for damages, whether based on tort or contract or otherwise, a claim or counterclaim for damages may be litigated in the principal action for malicious prosecution on the ground that the action was instituted with knowledge that the same was false, and unfounded, malicious and without probable cause in the filing of such action, or that the same was filed as a part of a conspiracy to misuse judicial process by filing an action known to be false and unfounded.
(2) In any action, claim, or counterclaim brought by a judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution arising out of the performance or purported performance of the public duty of such officer, an arrest or seizure of property need not be an element of the claim, nor do special damages need to be proved. A judicial officer, prosecuting authority, or law enforcement officer prevailing in such an action may be allowed an amount up to one thousand dollars as liquidated damages, together with a reasonable attorneys' fee, and other costs of suit. A government entity which has provided legal services to the prevailing judicial officer, prosecuting authority, or law enforcement officer has reimbursement rights to any award for reasonable attorneys' fees and other costs, but shall have no such rights to any liquidated damages allowed.
(3) No action may be brought against an attorney under this section solely because of that attorney's representation of a party in a lawsuit.
(4) As used in this section:
(a) "Judicial officer" means a justice, judge, magistrate, or other judicial officer of the state or a city, town, or county.
(b) "Prosecuting authority" means any officer or employee of the state or a city, town, or county who is authorized by law to initiate a criminal or civil proceeding on behalf of the public.
(c) "Law enforcement officer" means a member of the state patrol, a sheriff or deputy sheriff, or a member of the police force of a city, town, university, state college, or port district, or a fish and wildlife officer or ex officio fish and wildlife officer as defined in RCW 77.08.010.

NOTES:

Legislative findings1984 c 133: "The legislature finds that a growing number of unfounded lawsuits, claims, and liens are filed against law enforcement officers, prosecuting authorities, and judges, and against their property, having the purpose and effect of deterring those officers in the exercise of their discretion and inhibiting the performance of their public duties.
The legislature also finds that the cost of defending against such unfounded suits, claims and liens is severely burdensome to such officers, and also to the state and the various cities and counties of the state. The purpose of section 2 of this 1984 act is to provide a remedy to those public officers and to the public." [ 1984 c 133 § 1.]
Construction1984 c 133: "The provisions of section 2 of this 1984 act are remedial and shall be liberally construed." [ 1984 c 133 § 3.]
Severability1984 c 133: "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." [ 1984 c 133 § 4.]



Action by person removed from premises pursuant to RCW 9A.52.105Damages, costs, attorneys' fees.

All persons removed from premises pursuant to RCW 9A.52.105 on the basis of false statements made by a declarant pursuant to RCW 9A.52.115 shall have a cause of action to recover from the declarant for actual damages, together with costs and reasonable attorneys' fees.



Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.Declared void and unenforceableExceptions.

Any clause in a construction contract, as defined in RCW 4.24.370, which purports to waive, release, or extinguish the rights of a contractor, subcontractor, or supplier to damages or an equitable adjustment arising out of unreasonable delay in performance which delay is caused by the acts or omissions of the contractee or persons acting for the contractee is against public policy and is void and unenforceable.
This section shall not be construed to void any provision in a construction contract, as defined in RCW 4.24.370, which (1) requires notice of delays, (2) provides for arbitration or other procedure for settlement, or (3) provides for reasonable liquidated damages.



Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc."Construction contract" defined.

"Construction contract" for purposes of RCW 4.24.360 means any contract or agreement for 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.



Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.Prospective application of RCW 4.24.360.

The provisions of RCW 4.24.360 shall apply to contracts or agreements entered into after September 1, 1979.



Building warden assisting others to evacuate building or attempting to control hazardImmunity from liability.

No building warden, who acts in good faith, with or without compensation, shall be personally liable for civil damages arising from his or her negligent acts or omissions during the course of assigned duties in assisting others to evacuate industrial, commercial, governmental or multi-unit residential buildings or in attempting to control or alleviate a hazard to the building or its occupants caused by fire, earthquake or other threat to life or limb. The term "building warden" means an individual who is assigned to take charge of the occupants on a floor or in an area of a building during an emergency in accordance with a predetermined fire safety or evacuation plan; and/or an individual selected by a municipal fire chief or the chief of the Washington state patrol, through the director of fire protection, after an emergency is in progress to assist in evacuating the occupants of such a building or providing for their safety. This section shall not apply to any acts or omissions constituting gross negligence or wilful or wanton misconduct.

NOTES:

Effective date1995 c 369: See note following RCW 43.43.930.
Severability1986 c 266: See note following RCW 38.52.005.



Dog handler using dog in line of dutyImmunity.

(1) As used in this section:
(a) "Police dog" means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler.
(b) "Accelerant detection dog" means a dog used exclusively for accelerant detection by the state fire marshal or a fire department and under the control of the state fire marshal or his or her designee or a fire department handler.
(c) "Dog handler" means a law enforcement officer who has successfully completed training as prescribed by the Washington state criminal justice training commission in police dog handling, or in the case of an accelerant detection dog, the state fire marshal's designee or an employee of the fire department authorized by the fire chief to be the dog's handler.
(2) Any dog handler who uses a police dog in the line of duty in good faith is immune from civil action for damages arising out of such use of the police dog or accelerant detection dog.



Action by person committing a felonyDefenseActions under 42 U.S.C. Sec. 1983.

It is a complete defense to any action for damages for personal injury or wrongful death that the person injured or killed was engaged in the commission of a felony at the time of the occurrence causing the injury or death and the felony was a proximate cause of the injury or death. However, nothing in this section shall affect a right of action under 42 U.S.C. Sec. 1983.

NOTES:

PreambleReport to legislatureApplicabilitySeverability1986 c 305: See notes following RCW 4.16.160.



Actions by persons serving criminal sentenceWaiver of filing feesEffect of previous claims dismissed on grounds claim was frivolous or malicious.

If a person serving a criminal sentence in a federal, state, local, or privately operated correctional facility seeks leave to proceed in state court without payment of filing fees in any civil action or appeal against the state, a state or local governmental agency or entity, or a state or local official, employee, or volunteer acting in such capacity, except an action that, if successful, would affect the duration of the person's confinement, the court shall deny the request for waiver of the court filing fees if the person has, on three or more occasions while incarcerated or detained in any such facility, brought an action or appeal that was dismissed by a state or federal court on grounds that it was frivolous or malicious. One of the three previous dismissals must have involved an action or appeal commenced after July 22, 2011. A court may permit the person to commence the action or appeal without payment of filing fees if the court determines the person is in imminent danger of serious physical injury.



Liability of operators for nuclear incidentsDefinitions.

Unless the context clearly requires otherwise the following definitions apply throughout RCW 4.24.460:
(1) "Nuclear incident" means any occurrence within this state causing, within or without this state, bodily injury, sickness, disease or death; loss or damage to property; or loss of use of property arising out of the resultant radioactive, toxic, explosive, or other hazardous properties of radioactive wastes being stored in or being transported to or from a waste repository in this state.
(2) "Operator" means the entity or entities that have been given responsibility for constructing, operating, or monitoring waste repositories or transporting radioactive waste and may include the United States and its federal agencies.
(3) "Radioactive waste" includes, but is not limited to, high-level radioactive waste, low-level radioactive waste, transuranic radioactive waste, spent nuclear fuel, and radioactive defense waste. It does not include de minimis radioactive waste.
(4) "Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.
(5) "Waste repository" means any system which is intended or may be used for the disposal or storage of radioactive waste including permanent disposal systems, interim storage systems, monitored retrievable storage systems, defense waste storage systems, test and evaluation facilities, or similar systems.



Liability of operators for nuclear incidentsPresumption of operator negligenceRebuttalRecovery for negligence or against other parties not limited by section.

(1) Operators are liable for failure to exercise ordinary and reasonable care to protect persons and property subject to injury in nuclear incidents. In addition, operators are liable for operational expenses and emergency purchases incurred by local or state governments in responding to nuclear incidents.
(2) If a nuclear incident occurs, there is a presumption that the operator of a waste repository was negligent in constructing, operating, or monitoring the waste repository, or in transporting radioactive waste, and that the operator was an actual cause of the nuclear incident. The presumption may be rebutted by a clear and convincing showing by the operator that the nuclear incident was not the result of the operator's negligence and that the operator's negligence was not an actual cause of the nuclear incident.
(3) This section does not limit the recovery of parties injured by a nuclear incident against the operators of a waste repository under theories of negligence in selecting contractors, failure to retain adequate controls over the waste repository, vicarious liability for contractors, failure to take reasonable precautionary measures with respect to inherently dangerous activities, and other negligence theories. This section does not limit the recovery of parties injured by a nuclear incident against parties other than operators of a waste facility.



Liability of officials and members of governing body of public agencyDefinitions.

(1) An appointed or elected official or member of the governing body of a public agency is immune from civil liability for damages for any discretionary decision or failure to make a discretionary decision within his or her official capacity, but liability shall remain on the public agency for the tortious conduct of its officials or members of the governing body.
(2) For purposes of this section:
(a) "Public agency" means any state agency, board, commission, department, institution of higher education, school district, political subdivision, or unit of local government of this state including but not limited to municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts.
(b) "Governing body" means the policy-making body of a public agency.

NOTES:

Actions against local government for tortious conduct: Chapter 4.96 RCW.



Liability of members of state hazardous materials planning committee and local emergency planning committees.

Any person who is appointed by the state emergency response commission under the authority of Sec. 301(c) of Title III of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Sec. 11001) to serve on the state hazardous materials planning committee or a local emergency planning committee who, in good faith, assists in the development or review of local plans to respond to hazardous materials incidents is not liable for civil damages as a result of any act or omission in the development, review, or implementation of such plans unless the act or omission constitutes gross negligence or wilful misconduct.

NOTES:

Severability1988 c 42: "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." [ 1988 c 42 § 19.]



Indemnification of state employees.

(1) The state shall indemnify and hold harmless its employees in the amount of any judgment obtained or fine levied against an employee in any state or federal court, or in the amount of the settlement of a claim, or shall pay the judgment, fine, or settlement, if the act or omission that gave rise to the civil or criminal liability was in good faith and occurred while the employee was acting within the scope of his or her employment or duties and the employee is being represented in accordance with RCW 4.92.070.
(2) For purposes of this section "state employee" means a member of the civil service or an exempt person under chapter 41.06 RCW, or *higher education personnel under chapter 28B.16 RCW.

NOTES:

*Reviser's note: Chapter 28B.16 RCW was repealed by 1993 c 281, with the exception of RCW 28B.16.015 and 28B.16.240, which was recodified as RCW 41.06.382. The powers, duties, and functions of the state higher education personnel board were transferred to the Washington personnel resources board. RCW 28B.16.015 and 41.06.382 were subsequently repealed by 2002 c 354 § 403, effective July 1, 2005.



Liability of public employers for deducting or receiving agency or fair share fees from public employeesFindings and declarationDefinitions.

(1) The legislature finds and declares application of this section to pending claims and actions clarifies existing state law rather than changes it. Public employees who paid agency or fair share fees as a condition of public employment in accordance with state law and supreme court precedent before June 27, 2018, had no legitimate expectation of receiving that money under any available cause of action. Public employers and employee organizations who relied on, and abided by, state law and supreme court precedent in deducting and accepting those fees were not liable to refund them. Agency or fair share fees paid for collective bargaining representation that employee organizations were obligated by state law to provide to public employees. Application of this section to pending claims will preserve, rather than interfere with, important reliance interests.
(2) Public employers and an employee organization, or any of their employees or agents, are not liable for, and have a complete defense to, any claims or actions under the law of this state for requiring, deducting, receiving, or retaining agency or fair share fees from public employees, and current or former public employees do not have standing to pursue these claims or actions, if the fees were permitted at the time under the laws of this state then in force and paid, through payroll deduction or otherwise, before June 27, 2018.
(a) This section applies to all claims and actions pending on July 28, 2019, and to claims and actions filed on or after July 28, 2019.
(b) This section may not be interpreted to infer that any relief made unavailable by this section would otherwise be available.
(3) This section is necessary to provide certainty to public employers and employee organizations that relied on state law, and to avoid disruption of public employee labor relations, after the supreme court's decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31 (2018) 138 S.Ct. 2448.
(4) For purposes of this section:
(a) "Employee organization" means any organization that functioned as an exclusive collective bargaining representative for public employees under any statute, ordinance, regulation, or other state or local law, and any labor organization with which it was affiliated.
(b) "Public employer" means any public employer including, but not limited to, the state, a court, a city, a county, a city and county, a school district, a community college district, an institution of higher education and its board or regents, a transit district, any public authority, any public agency, any other political subdivision or public corporation, or any other entity considered a public employer for purposes of the labor relations statutes of Washington.



Good faith communication to government agencyLegislative findingsPurpose.

Information provided by citizens concerning potential wrongdoing is vital to effective law enforcement and the efficient operation of government. The legislature finds that the threat of a civil action for damages can act as a deterrent to citizens who wish to report information to federal, state, or local agencies. The costs of defending against such suits can be severely burdensome. The purpose of RCW 4.24.500 through 4.24.520 is to protect individuals who make good-faith reports to appropriate governmental bodies.



Communication to government agency or self-regulatory organizationImmunity from civil liability.

A person who communicates a complaint or information to any branch or agency of federal, state, or local government, or to any self-regulatory organization that regulates persons involved in the securities or futures business and that has been delegated authority by a federal, state, or local government agency and is subject to oversight by the delegating agency, is immune from civil liability for claims based upon the communication to the agency or organization regarding any matter reasonably of concern to that agency or organization. A person prevailing upon the defense provided for in this section is entitled to recover expenses and reasonable attorneys' fees incurred in establishing the defense and in addition shall receive statutory damages of ten thousand dollars. Statutory damages may be denied if the court finds that the complaint or information was communicated in bad faith.

NOTES:

Intent2002 c 232: "Strategic lawsuits against public participation, or SLAPP suits, involve communications made to influence a government action or outcome which results in a civil complaint or counterclaim filed against individuals or organizations on a substantive issue of some public interest or social significance. SLAPP suits are designed to intimidate the exercise of First Amendment rights and rights under Article I, section 5 of the Washington state Constitution.
Although Washington state adopted the first modern anti-SLAPP law in 1989, that law has, in practice, failed to set forth clear rules for early dismissal review. Since that time, the United States supreme court has made it clear that, as long as the petitioning is aimed at procuring favorable government action, result, product, or outcome, it is protected and the case should be dismissed. Chapter 232, Laws of 2002 amends Washington law to bring it in line with these court decisions which recognizes that the United States Constitution protects advocacy to government, regardless of content or motive, so long as it is designed to have some effect on government decision making." [ 2002 c 232 § 1.]



Good faith communication to government agencyWhen agency or attorney general may defend against lawsuitCosts and fees.

In order to protect the free flow of information from citizens to their government, an agency receiving a complaint or information under RCW 4.24.510 may intervene in and defend against any suit precipitated by the communication to the agency. In the event that a local governmental agency does not intervene in and defend against a suit arising from any communication protected under chapter 234, Laws of 1989, the office of the attorney general may intervene in and defend against the suit. An agency prevailing upon the defense provided for in RCW 4.24.510 shall be entitled to recover costs and reasonable attorneys' fees incurred in establishing the defense. If the agency fails to establish the defense provided for in RCW 4.24.510, the party bringing the action shall be entitled to recover from the agency costs and reasonable attorney's fees incurred in proving the defense inapplicable or invalid.



Public participation lawsuitsSpecial motion to strike claimDamages, costs, attorneys' fees, other reliefDefinitions.

(1) As used in this section:
(a) "Claim" includes any lawsuit, cause of action, claim, cross-claim, counterclaim, or other judicial pleading or filing requesting relief;
(b) "Government" includes a branch, department, agency, instrumentality, official, employee, agent, or other person acting under color of law of the United States, a state, or subdivision of a state or other public authority;
(c) "Moving party" means a person on whose behalf the motion described in subsection (4) of this section is filed seeking dismissal of a claim;
(d) "Other governmental proceeding authorized by law" means a proceeding conducted by any board, commission, agency, or other entity created by state, county, or local statute or rule, including any self-regulatory organization that regulates persons involved in the securities or futures business and that has been delegated authority by a federal, state, or local government agency and is subject to oversight by the delegating agency.
(e) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity;
(f) "Responding party" means a person against whom the motion described in subsection (4) of this section is filed.
(2) This section applies to any claim, however characterized, that is based on an action involving public participation and petition. As used in this section, an "action involving public participation and petition" includes:
(a) Any oral statement made, or written statement or other document submitted, in a legislative, executive, or judicial proceeding or other governmental proceeding authorized by law;
(b) Any oral statement made, or written statement or other document submitted, in connection with an issue under consideration or review by a legislative, executive, or judicial proceeding or other governmental proceeding authorized by law;
(c) Any oral statement made, or written statement or other document submitted, that is reasonably likely to encourage or to enlist public participation in an effort to effect consideration or review of an issue in a legislative, executive, or judicial proceeding or other governmental proceeding authorized by law;
(d) Any oral statement made, or written statement or other document submitted, in a place open to the public or a public forum in connection with an issue of public concern; or
(e) Any other lawful conduct in furtherance of the exercise of the constitutional right of free speech in connection with an issue of public concern, or in furtherance of the exercise of the constitutional right of petition.
(3) This section does not apply to any action brought by the attorney general, prosecuting attorney, or city attorney, acting as a public prosecutor, to enforce laws aimed at public protection.
(4)(a) A party may bring a special motion to strike any claim that is based on an action involving public participation and petition, as defined in subsection (2) of this section.
(b) A moving party bringing a special motion to strike a claim under this subsection has the initial burden of showing by a preponderance of the evidence that the claim is based on an action involving public participation and petition. If the moving party meets this burden, the burden shifts to the responding party to establish by clear and convincing evidence a probability of prevailing on the claim. If the responding party meets this burden, the court shall deny the motion.
(c) In making a determination under (b) of this subsection, the court shall consider pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.
(d) If the court determines that the responding party has established a probability of prevailing on the claim:
(i) The fact that the determination has been made and the substance of the determination may not be admitted into evidence at any later stage of the case; and
(ii) The determination does not affect the burden of proof or standard of proof that is applied in the underlying proceeding.
(e) The attorney general's office or any government body to which the moving party's acts were directed may intervene to defend or otherwise support the moving party.
(5)(a) The special motion to strike may be filed within sixty days of the service of the most recent complaint or, in the court's discretion, at any later time upon terms it deems proper. A hearing shall be held on the motion not later than thirty days after the service of the motion unless the docket conditions of the court require a later hearing. Notwithstanding this subsection, the court is directed to hold a hearing with all due speed and such hearings should receive priority.
(b) The court shall render its decision as soon as possible but no later than seven days after the hearing is held.
(c) All discovery and any pending hearings or motions in the action shall be stayed upon the filing of a special motion to strike under subsection (4) of this section. The stay of discovery shall remain in effect until the entry of the order ruling on the motion. Notwithstanding the stay imposed by this subsection, the court, on motion and for good cause shown, may order that specified discovery or other hearings or motions be conducted.
(d) Every party has a right of expedited appeal from a trial court order on the special motion or from a trial court's failure to rule on the motion in a timely fashion.
(6)(a) The court shall award to a moving party who prevails, in part or in whole, on a special motion to strike made under subsection (4) of this section, without regard to any limits under state law:
(i) Costs of litigation and any reasonable attorneys' fees incurred in connection with each motion on which the moving party prevailed;
(ii) An amount of ten thousand dollars, not including the costs of litigation and attorney fees; and
(iii) Such additional relief, including sanctions upon the responding party and its attorneys or law firms, as the court determines to be necessary to deter repetition of the conduct and comparable conduct by others similarly situated.
(b) If the court finds that the special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award to a responding party who prevails, in part or in whole, without regard to any limits under state law:
(i) Costs of litigation and any reasonable attorneys' fees incurred in connection with each motion on which the responding party prevailed;
(ii) An amount of ten thousand dollars, not including the costs of litigation and attorneys' fees; and
(iii) Such additional relief, including sanctions upon the moving party and its attorneys or law firms, as the court determines to be necessary to deter repetition of the conduct and comparable conduct by others similarly situated.
(7) Nothing in this section limits or precludes any rights the moving party may have under any other constitutional, statutory, case or common law, or rule provisions.

NOTES:

Reviser's note: As to the constitutionality of this section, see Davis v. Cox, 183 Wn.2d 269, 351 P.3d 862 (2015).
FindingsPurpose2010 c 118: "(1) The legislature finds and declares that:
(a) It is concerned about lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances;
(b) Such lawsuits, called "Strategic Lawsuits Against Public Participation" or "SLAPPs," are typically dismissed as groundless or unconstitutional, but often not before the defendants are put to great expense, harassment, and interruption of their productive activities;
(c) The costs associated with defending such suits can deter individuals and entities from fully exercising their constitutional rights to petition the government and to speak out on public issues;
(d) It is in the public interest for citizens to participate in matters of public concern and provide information to public entities and other citizens on public issues that affect them without fear of reprisal through abuse of the judicial process; and
(e) An expedited judicial review would avoid the potential for abuse in these cases.
(2) The purposes of this act are to:
(a) Strike a balance between the rights of persons to file lawsuits and to trial by jury and the rights of persons to participate in matters of public concern;
(b) Establish an efficient, uniform, and comprehensive method for speedy adjudication of strategic lawsuits against public participation; and
(c) Provide for attorneys' fees, costs, and additional relief where appropriate." [ 2010 c 118 § 1.]
ApplicationConstruction2010 c 118: "This act shall be applied and construed liberally to effectuate its general purpose of protecting participants in public controversies from an abusive use of the courts." [ 2010 c 118 § 3.]
Short title2010 c 118: "This act may be cited as the Washington Act Limiting Strategic Lawsuits Against Public Participation." [ 2010 c 118 § 4.]



Limitations on liability for equine activitiesDefinitions.

Unless the context clearly indicates otherwise, the definitions in this section apply to RCW 4.24.530, 4.24.540, and section 3, chapter 292, Laws of 1989.
(1) "Equine" means a horse, pony, mule, donkey, or hinny.
(2) "Equine activity" means: (a) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting; (b) equine training and/or teaching activities; (c) boarding equines; (d) riding, inspecting, or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; and (e) rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor.
(3) "Equine activity sponsor" means an individual, group or club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, an equine activity including but not limited to: Pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes and programs, therapeutic riding programs, and, operators, instructors, and promoters of equine facilities, including but not limited to stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held.
(4) "Participant" means any person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
(5) "Engages in an equine activity" means a person who rides, trains, drives, or is a passenger upon an equine, whether mounted or unmounted, and does not mean a spectator at an equine activity or a person who participates in the equine activity but does not ride, train, drive, or ride as a passenger upon an equine.
(6) "Equine professional" means a person engaged for compensation (a) in instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine, or, (b) in renting equipment or tack to a participant.

NOTES:

Application1989 c 292 §§ 1 and 2: "Sections 1 and 2 of this act apply only to causes of action filed on or after July 23, 1989." [ 1989 c 292 § 3.]



Limitations on liability for equine activitiesExceptions.

(1) Except as provided in subsection (2) of this section, an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant engaged in an equine activity, and, except as provided in subsection (2) of this section, no participant nor participant's representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant engaged in an equine activity.
(2)(a) RCW 4.24.530 and 4.24.540 do not apply to the horse racing industry as regulated in chapter 67.16 RCW.
(b) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine activity sponsor or an equine professional:
(i) If the equine activity sponsor or the equine professional:
(A) Provided the equipment or tack and the equipment or tack caused the injury; or
(B) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, determine the ability of the equine to behave safely with the participant, and determine the ability of the participant to safely manage the particular equine;
(ii) If the equine activity sponsor or the equine professional owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to or should have been known to the equine activity sponsor or the equine professional and for which warning signs have not been conspicuously posted;
(iii) If the equine activity sponsor or the equine professional commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission caused the injury;
(iv) If the equine activity sponsor or the equine professional intentionally injures the participant;
(v) Under liability provisions as set forth in the products liability laws; or
(vi) Under liability provisions in chapter 16.04, *16.13, or * 16.16 RCW.

NOTES:

*Reviser's note: Chapters 16.13 and 16.16 RCW were each recodified and/or repealed in their entirety by 1989 c 286. For disposition of chapters 16.13 and 16.16 RCW, see Table of Disposition of Former RCW Sections.
Application1989 c 292 §§ 1 and 2: See note following RCW 4.24.530.



Electronic monitoring or 24/7 sobriety program participationLimitation on liability.

Local governments, their subdivisions and employees, the department of corrections and its employees, and the Washington association of sheriffs and police chiefs and its employees are immune from civil liability for damages arising from incidents involving offenders who are placed on electronic monitoring or who are participating in the 24/7 sobriety program, unless it is shown that an employee acted with gross negligence or bad faith.



Sex offenders and kidnapping offendersRelease of information to publicWeb site.

(1) In addition to the disclosure under subsection (5) of this section, public agencies are authorized to release information to the public regarding sex offenders and kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender. This authorization applies to information regarding: (a) Any person adjudicated or convicted of a sex offense as defined in RCW 9A.44.128 or a kidnapping offense as defined by RCW 9A.44.128; (b) any person under the jurisdiction of the indeterminate sentence review board as the result of a sex offense or kidnapping offense; (c) any person committed as a sexually violent predator under chapter 71.09 RCW or as a sexual psychopath under chapter 71.06 RCW; (d) any person found not guilty of a sex offense or kidnapping offense by reason of insanity under chapter 10.77 RCW; and (e) any person found incompetent to stand trial for a sex offense or kidnapping offense and subsequently committed under chapter 71.05 or 71.34 RCW.
(2) Except for the information specifically required under subsection (5) of this section, the extent of the public disclosure of relevant and necessary information shall be rationally related to: (a) The level of risk posed by the offender to the community; (b) the locations where the offender resides, expects to reside, or is regularly found; and (c) the needs of the affected community members for information to enhance their individual and collective safety.
(3) Except for the information specifically required under subsection (5) of this section, local law enforcement agencies shall consider the following guidelines in determining the extent of a public disclosure made under this section: (a) For offenders classified as risk level I, the agency shall share information with other appropriate law enforcement agencies and, if the offender is a student, the public or private school regulated under Title 28A RCW or chapter 72.40 RCW which the offender is attending, or planning to attend. The agency may disclose, upon request, relevant, necessary, and accurate information to any victim or witness to the offense, any individual community member who lives near the residence where the offender resides, expects to reside, or is regularly found, and any individual who requests information regarding a specific offender; (b) for offenders classified as risk level II, the agency may also disclose relevant, necessary, and accurate information to public and private schools, child day care centers, family day care providers, public libraries, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found; (c) for offenders classified as risk level III, the agency may also disclose relevant, necessary, and accurate information to the public at large; and (d) because more localized notification is not feasible and homeless and transient offenders may present unique risks to the community, the agency may also disclose relevant, necessary, and accurate information to the public at large for offenders registered as homeless or transient.
(4) The county sheriff with whom an offender classified as risk level III is registered shall release a sex offender community notification that conforms to the guidelines established under RCW 4.24.5501.
(5)(a) When funded by federal grants or other sources, the Washington association of sheriffs and police chiefs shall create and maintain a statewide registered kidnapping and sex offender web site, which shall be available to the public. The web site shall post all level III and level II registered sex offenders, level I registered sex offenders only during the time they are out of compliance with registration requirements under RCW 9A.44.130 or if lacking a fixed residence as provided in RCW 9A.44.130, and all registered kidnapping offenders in the state of Washington.
(i) For level III offenders, the web site shall contain, but is not limited to, the registered sex offender's name, relevant criminal convictions, address by hundred block, physical description, and photograph. The web site shall provide mapping capabilities that display the sex offender's address by hundred block on a map. The web site shall allow citizens to search for registered sex offenders within the state of Washington by county, city, zip code, last name, and address by hundred block.
(ii) For level II offenders, and level I sex offenders during the time they are out of compliance with registration requirements under RCW 9A.44.130, the web site shall contain, but is not limited to, the same information and functionality as described in (a)(i) of this subsection, provided that it is permissible under state and federal law. If it is not permissible, the web site shall be limited to the information and functionality that is permissible under state and federal law.
(iii) For kidnapping offenders, the web site shall contain, but is not limited to, the same information and functionality as described in (a)(i) of this subsection, provided that it is permissible under state and federal law. If it is not permissible, the web site shall be limited to the information and functionality that is permissible under state and federal law.
(b) Law enforcement agencies must provide information requested by the Washington association of sheriffs and police chiefs to administer the statewide registered kidnapping and sex offender web site.
(c)(i) Within five business days of the Washington association of sheriffs and police chiefs receiving any public record request under chapter 42.56 RCW for sex offender and kidnapping offender information, records or web site data it holds or maintains pursuant to this section or a unified sex offender registry, the Washington association of sheriffs and police chiefs shall refer the requester in writing to the appropriate law enforcement agency or agencies for submission of such a request. The Washington association of sheriffs and police chiefs shall have no further obligation under chapter 42.56 RCW for responding to such a request.
(ii) This subparagraph (c) of this section is remedial and applies retroactively.
(6)(a) Law enforcement agencies responsible for the registration and dissemination of information regarding offenders required to register under RCW 9A.44.130 shall assign a risk level classification to all offenders after consideration of: (i) Any available risk level classifications provided by the department of corrections, the department of social and health services, and the indeterminate sentence review board; (ii) the agency's own application of a sex offender risk assessment tool; and (iii) other information and aggravating or mitigating factors known to the agency and deemed rationally related to the risk posed by the offender to the community at large.
(b) A sex offender shall be classified as a risk level I if his or her risk assessment and other information or factors deemed relevant by the law enforcement agency indicate he or she is at a low risk to sexually reoffend within the community at large. A sex offender shall be classified as a risk level II if his or her risk assessment and other information or factors deemed relevant by the law enforcement agency indicate he or she is at a moderate risk to sexually reoffend within the community at large. A sex offender shall be classified as a risk level III if his or her risk assessment and other information or factors deemed relevant by the law enforcement agency indicate he or she is at a high risk to sexually reoffend within the community at large.
(c) The agency shall make a good faith effort to notify the public and residents within a reasonable period of time after the offender registers with the agency.
(d) Agencies may develop a process to allow an offender to petition for review of the offender's assigned risk level classification. The timing, frequency, and process for review are at the sole discretion of the agency.
(7) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages for any discretionary risk level classification decisions or release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity in this section applies to risk level classification decisions and the release of relevant and necessary information regarding any individual for whom disclosure is authorized. The decision of a law enforcement agency or official to classify an offender to a risk level other than the one assigned by the department of corrections, the department of social and health services, or the indeterminate sentence review board, or the release of any relevant and necessary information based on that different classification shall not, by itself, be considered gross negligence or bad faith. The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public.
(8) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section.
(9) Nothing in this section implies that information regarding persons designated in subsection (1) of this section is confidential except as may otherwise be provided by law.
(10) When a law enforcement agency or official classifies an offender differently than the offender is classified by the end of sentence review committee at the time of the offender's release from confinement, the law enforcement agency or official shall notify the end of sentence review committee and the Washington state patrol and submit its reasons supporting the change in classification.
(11) As used in this section, "law enforcement agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.

NOTES:

Effective date2005 c 380: See note following RCW 9A.44.130.
Conflict with federal requirements2002 c 118: "If any provision of this act or its application to any person or circumstance is held invalid due to a conflict with federal law, the conflicting part of this act is inoperative solely to the extent of the conflict, and such holding does not affect the operation of the remainder of this act or the application of the provision to other persons or circumstances." [ 2002 c 118 § 3.]
Severability1998 c 220: See note following RCW 9A.44.130.
Severability1997 c 364: "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." [ 1997 c 364 § 9.]
Findings1997 c 113: "The legislature finds that offenders who commit kidnapping offenses against minor children pose a substantial threat to the well-being of our communities. Child victims are especially vulnerable and unable to protect themselves. The legislature further finds that requiring sex offenders to register has assisted law enforcement agencies in protecting their communities. Similar registration requirements for offenders who have kidnapped or unlawfully imprisoned a child would also assist law enforcement agencies in protecting the children in their communities from further victimization." [ 1997 c 113 § 1.]
FindingsIntent1994 c 129: "The legislature finds that members of the public may be alarmed when law enforcement officers notify them that a sex offender who is about to be released from custody will live in or near their neighborhood. The legislature also finds that if the public is provided adequate notice and information, the community can develop constructive plans to prepare themselves and their children for the offender's release. A sufficient time period allows communities to meet with law enforcement to discuss and prepare for the release, to establish block watches, to obtain information about the rights and responsibilities of the community and the offender, and to provide education and counseling to their children. Therefore, the legislature intends that when law enforcement officials decide to notify the public about a sex offender's pending release that notice be given at least fourteen days before the offender's release whenever possible." [ 1994 c 129 § 1.]
FindingPolicy1990 c 3 § 117: "The legislature finds that sex offenders pose a high risk of engaging in sex offenses even after being released from incarceration or commitment and that protection of the public from sex offenders is a paramount governmental interest. The legislature further finds that the penal and mental health components of our justice system are largely hidden from public view and that lack of information from either may result in failure of both systems to meet this paramount concern of public safety. Overly restrictive confidentiality and liability laws governing the release of information about sexual predators have reduced willingness to release information that could be appropriately released under the public disclosure laws, and have increased risks to public safety. Persons found to have committed a sex offense have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government. Release of information about sexual predators to public agencies and under limited circumstances, the general public, will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals.
Therefore, this state's policy as expressed in RCW 4.24.550 is to require the exchange of relevant information about sexual predators among public agencies and officials and to authorize the release of necessary and relevant information about sexual predators to members of the general public." [ 1990 c 3 § 116.]
Index, part headings not lawSeverabilityEffective datesApplication1990 c 3: See RCW 18.155.900 through 18.155.902.
Release of information regarding
convicted sex offenders: RCW 9.94A.846.
juveniles found to have committed sex offenses: RCW 13.40.217.
persons in custody of department of social and health services: RCW 10.77.207, 71.06.135, 71.09.120.



Sex offendersModel policyWork group.

(1) When funded, the Washington association of sheriffs and police chiefs shall convene a sex offender model policy work group to develop a model policy for law enforcement agencies and other criminal justice personnel. The model policy shall provide guidelines for sex offender registration, community notification, and strategies for sex offender management.
(2) In developing the policy, the association shall consult with representatives of the following agencies and professions: (a) The department of corrections; (b) the department of social and health services; (c) the indeterminate sentence review board; (d) the Washington state council of police officers; (e) local correctional agencies; (f) the Washington association of prosecuting attorneys; (g) the Washington public defender association; (h) the Washington association for the treatment of sexual abusers; (i) the office of the superintendent of public instruction; (j) the criminal justice training commission; (k) the Washington association of criminal defense lawyers; (l) the association of Washington cities; (m) the Washington coalition of sexual assault programs; and (n) victim advocates.
The sex offender model policy work group, once convened, shall first conduct a series of community meetings around the state to assess the practices and needs of communities, identify best practices on sex offender registration, community notification, and strategies for sex offender management. Once the sex offender model policy work group has received input from stakeholders on a final draft of the model policy, the policy shall be presented to the Washington association of sheriffs and police chiefs for adoption or rejection. Following the adoption of a model policy, the sex offender model policy work group shall conduct a series of meetings around the state with local law enforcement agencies and other criminal justice personnel to review the model policy and conduct training as needed. The sex offender model policy work group shall then be dissolved, and, when funded, the Washington association of sheriffs and police chiefs shall be responsible for the continued promotion of the model policy, including annual or biennial regional workshops with local law enforcement agencies and other criminal justice personnel to encourage sex offender registration, community notification, and strategies for sex offender management policies and practices that best fit the needs, characteristics, and risks of each community.
(3) The model policy shall, at a minimum, include recommendations to address the following issues: (a) Procedures for local agencies or officials to accomplish the notifications required under RCW 4.24.550(10), including the identification of best practices for community notification, as they relate to the specific needs and characteristics to each community and the risk posed to that community; (b) contents and form of community notification documents, including procedures for ensuring the accuracy of factual information contained in the notification documents, and ways of protecting the privacy of victims of the offenders' crimes; (c) methods of distributing community notification documents, including distribution to schools; (d) methods of providing follow-up notifications to community residents at specified intervals and of disclosing information about offenders to law enforcement agencies in other jurisdictions if necessary to protect the public; (e) methods of educating community residents at public meetings on how they can use the information in the notification document in a reasonable manner to enhance their individual and collective safety; (f) procedures for educating community members regarding the right of sex offenders not to be the subject of harassment or criminal acts as a result of the notification process; (g) procedures and documents for local law enforcement agencies to provide appropriate notification when a sex offender risk level is reclassified, including strategies to monitor the reclassification of sex offender risk levels by local law enforcement agencies; (h) formulas and instructions on standard sex offender risk assessment instruments; (i) strategies for sex offender management; and (j) other matters the Washington association of sheriffs and police chiefs deems necessary as it relates to sex offender registration, community notification, and management.



Law enforcement response to secure community transition facilityLimitation on liability.

(1) Law enforcement shall respond to a call regarding a resident of a secure community transition facility as a high priority call.
(2) No law enforcement officer responding reasonably and in good faith to a call regarding a resident of a secure community transition facility shall be held liable nor shall the city or county employing the officer be held liable, in any cause of action for civil damages based on the acts of the resident or the actions of the officer during the response.

NOTES:

PurposeSeverabilityEffective date2002 c 68: See notes following RCW 36.70A.200.



Release of information not restricted by pending appeal, petition, or writ.

An offender's pending appeal, petition for personal restraint, or writ of habeas corpus shall not restrict the agency's, official's, or employee's authority to release relevant information concerning an offender's prior criminal history. However, the agency must release the latest dispositions of the charges as provided in chapter 10.97 RCW, the Washington state criminal records privacy act.

NOTES:

Index, part headings not lawSeverabilityEffective datesApplication1990 c 3: See RCW 18.155.900 through 18.155.902.



Sex offender treatment providersAffiliate sex offender treatment providersLimited liabilityResponsibilities.

(1) A certified sex offender treatment provider, or a certified affiliate sex offender treatment provider who has completed at least fifty percent of the required hours under the supervision of a certified sex offender treatment provider, acting in the course of his or her duties, providing treatment to a person who has been released to a less restrictive alternative under chapter 71.09 RCW or to a level III sex offender on community custody as a court, department, or board ordered condition of sentence is not negligent because he or she treats a high risk offender; sex offenders are known to have a risk of reoffense. The treatment provider is not liable for civil damages resulting from the reoffense of a client unless the treatment provider's acts or omissions constituted gross negligence or willful or wanton misconduct. This limited liability provision does not eliminate the treatment provider's duty to warn of and protect from a client's threatened violent behavior if the client communicates a serious threat of physical violence against a reasonably ascertainable victim or victims. In addition to any other requirements to report violations, the sex offender treatment provider is obligated to report an offender's expressions of intent to harm or other predatory behavior, whether or not there is an ascertainable victim, in progress reports and other established processes that enable courts and supervising entities to assess and address the progress and appropriateness of treatment. This limited liability provision applies only to the conduct of certified sex offender treatment providers, and certified affiliate sex offender treatment providers who have completed at least fifty percent of the required hours under the supervision of a certified sex offender treatment provider, and not the conduct of the state.
(2) Sex offender treatment providers who provide services to the department of corrections by identifying risk factors and notifying the department of risks for the subset of high risk offenders who are not amenable to treatment and who are under court order for treatment or supervision are practicing within the scope of their profession.

NOTES:

IntentApplicationApplication of repealersEffective date2008 c 231: See notes following RCW 9.94A.701.
Severability2008 c 231: See note following RCW 9.94A.500.
Effective date2004 c 38: See note following RCW 18.155.075.
IntentSeverabilityEffective dates2001 2nd sp.s. c 12: See notes following RCW 71.09.250.



Limitations on liability for information sharing regarding persons under court orders for supervision or treatment.

Information shared and actions taken without gross negligence and in good faith compliance with RCW 71.05.445, 72.09.585, 71.05.157, or 72.09.315 are not a basis for any private civil cause of action.

NOTES:

Effective dates2016 sp.s. c 29: See note following RCW 71.05.760.
Short titleRight of action2016 sp.s. c 29: See notes following RCW 71.05.010.
SeverabilityEffective dates2004 c 166: See notes following RCW 71.05.040.



Defense to action for injury caused by indoor air pollutants.

It is a defense in a civil action brought for damages for injury caused by indoor air pollutants in a residential structure on which construction was begun on or after July 1, 1991, that the builder or design professional complied in good faith, without negligence or misconduct, with:
(1) Building product safety standards, including labeling;
(2) Restrictions on the use of building materials known or believed to contain substances that contribute to indoor air pollution; and
(3) The ventilation and radon resistive construction requirements adopted under RCW 19.27.190.

NOTES:

Effective dates1990 c 2: See note following RCW 19.27.040.
FindingsSeverability1990 c 2: See notes following RCW 19.27A.015.



Acts against animals in research or educational facilities.

(1) Joint and several liability for damages shall apply to persons and organizations that commit an intentional tort by (a) taking, releasing, destroying, contaminating, or damaging any animal or animals kept in a research or educational facility, where the animal or animals are used or to be used for medical research or other research purposes, or for educational purposes; or (b) destroying or damaging any records, equipment, research product, or other thing pertaining to such animal or animals.
(2) Any person or organization that plans or assists in the development of a plan to commit an intentional tort covered by subsection (1) of this section is liable for damages to the same extent as a person who has committed the tort. However, a person or organization that assists in the development of a plan is not liable under this subsection, if, at the time of providing the assistance the person or organization does not know, or have reason to know, that the assistance is promoting the commission of the tort. Membership in a liable organization does not in itself establish the member's liability under this subsection. The common law defense of prior renunciation is allowed in actions brought under this subsection.
(3) In any case where damages are awarded under this section, the court shall award to the plaintiff all costs of the litigation, including reasonable attorneys' fees, investigation costs, and court costs, and shall impose on any liable party a civil fine of not to exceed one hundred thousand dollars to be paid to the plaintiff.

NOTES:

Severability1991 c 325: See note following RCW 9.08.080.
Criminal acts against animal facilities: RCW 9.08.080, 9.08.090.



Acts against animals kept for agricultural or veterinary purposes.

(1) Joint and several liability for damages shall apply to persons and organizations that commit an intentional tort by taking, releasing, destroying or damaging any animal or animals kept by a person for agricultural production purposes or by a veterinarian for veterinary purposes; or by destroying or damaging any farm or veterinary equipment or supplies pertaining to such animal or animals.
(2) Any person or organization that plans or assists in the development of a plan to commit an intentional tort covered by subsection (1) of this section is liable for damages to the same extent as a person who has committed the tort. However, a person or organization that assists in the development of a plan is not liable under this subsection, if, at the time of providing the assistance the person or organization does not know, or have reason to know, that the assistance is promoting the commission of the tort. Membership in a liable organization does not in itself establish the member's liability under this subsection. The common law defense of prior renunciation is allowed in actions brought under this subsection.
(3) In any case where damages are awarded under this section, the court shall award to the plaintiff all costs of the litigation, including reasonable attorneys' fees, investigation costs, and court costs, and shall impose on any liable party a civil fine of not to exceed one hundred thousand dollars to be paid to the plaintiff.
(4) "Agricultural production," for purposes of this section, means all activities associated with the raising of animals for agricultural purposes, including but not limited to animals raised for wool or fur. Agricultural production also includes the exhibiting or marketing of live animals raised for agricultural purposes.

NOTES:

Severability1991 c 325: See note following RCW 9.08.080.
Criminal acts against animal facilities: RCW 9.08.080, 9.08.090.



Acts against animal facilitiesInjunction.

Any individual having reason to believe that he or she may be injured by the commission of an intentional tort under RCW 4.24.570 or 4.24.575 may apply for injunctive relief to prevent the occurrence of the tort. Any individual who owns or is employed at a research or educational facility or an agricultural production facility where animals are used for research, educational, or agricultural purposes who is harassed, or believes that he or she is about to be harassed, by an organization, person, or persons whose intent is to stop or modify the facility's use or uses of an animal or animals, may apply for injunctive relief to prevent the harassment.
For the purposes of this section:
(1) "Agricultural production" means all activities associated with the raising of animals for agricultural purposes, including but not limited to animals raised for wool or fur. Agricultural production also includes the exhibiting or marketing of live animals raised for agricultural purposes; and
(2) "Harassment" means any threat, without lawful authority, that the recipient has good reason to fear will be carried out, that is knowingly made for the purpose of stopping or modifying the use of animals, and that either (a) would cause injury to the person or property of the recipient, or result in the recipient's physical confinement or restraint, or (b) is a malicious threat to do any other act intended to substantially cause harm to the recipient's mental health or safety.

NOTES:

Severability1991 c 325: See note following RCW 9.08.080.



Liability of foster parents.

In actions for personal injury or property damage commenced by foster children or their parents against foster parents licensed pursuant to chapter 74.15 RCW, the liability of foster parents for the care and supervision of foster children shall be the same as the liability of biological and adoptive parents for the care and supervision of their children.

NOTES:

FindingsEffective date1991 c 283: See notes following RCW 74.14B.080.



Liability immunityEmergent placement investigations of child abuse or neglectShelter care and other dependency orders.

(1) Governmental entities, and their officers, agents, employees, and volunteers, are not liable in tort for any of their acts or omissions in emergent placement investigations of child abuse or neglect under chapter 26.44 RCW including, but not limited to, any determination to leave a child with a parent, custodian, or guardian, or to return a child to a parent, custodian, or guardian, unless the act or omission constitutes gross negligence. Emergent placement investigations are those conducted prior to a shelter care hearing under RCW 13.34.065.
(2) The department of children, youth, and families and its employees shall comply with the orders of the court, including shelter care and other dependency orders, and are not liable for acts performed to comply with such court orders. In providing reports and recommendations to the court, employees of the department of children, youth, and families are entitled to the same witness immunity as would be provided to any other witness.

NOTES:

Effective date2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements2017 3rd sp.s. c 6: See RCW 43.216.908.



Hazards to the publicInformationLegislative findings, policy, intent.

The legislature finds that public health and safety is promoted when the public has knowledge that enables members of the public to make informed choices about risks to their health and safety. Therefore, the legislature declares as a matter of public policy that the public has a right to information necessary to protect members of the public from harm caused by alleged hazards to the public. The legislature also recognizes that protection of trade secrets, other confidential research, development, or commercial information concerning products or business methods promotes business activity and prevents unfair competition. Therefore, the legislature declares it a matter of public policy that the confidentiality of such information be protected and its unnecessary disclosure be prevented.

NOTES:

Application1994 c 42: "This act applies to all confidentiality provisions entered or executed with respect to product liability/hazardous substance claims on or after May 1, 1994." [ 1994 c 42 § 3.]
Effective date1994 c 42: "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 May 1, 1994." [ 1994 c 42 § 4.]



Product liability/hazardous substance claimsPublic right to informationConfidentialityDamages, costs, attorneys' feesRepeal.

As used in RCW 4.24.601 and this section:
(1)(a) "Product liability/hazardous substance claim" means a claim for damages for personal injury, wrongful death, or property damage caused by a product or hazardous or toxic substances, that is an alleged hazard to the public and that presents an alleged risk of similar injury to other members of the public.
(b) "Confidentiality provision" means any terms in a court order or a private agreement settling, concluding, or terminating a product liability/hazardous substance claim, that limit the possession, disclosure, or dissemination of information about an alleged hazard to the public, whether those terms are integrated in the order or private agreement or written separately.
(c) "Members of the public" includes any individual, group of individuals, partnership, corporation, or association.
(2) Except as provided in subsection (4) of this section, members of the public have a right to information necessary for a lay member of the public to understand the nature, source, and extent of the risk from alleged hazards to the public.
(3) Except as provided in subsection (4) of this section, members of the public have a right to the protection of trade secrets as defined in RCW 19.108.010, other confidential research, development, or commercial information concerning products or business methods.
(4)(a) Nothing in this chapter shall limit the issuance of any protective or discovery orders during the course of litigation pursuant to court rules.
(b) Confidentiality provisions may be entered into or ordered or enforced by the court only if the court finds, based on the evidence, that the confidentiality provision is in the public interest. In determining the public interest, the court shall balance the right of the public to information regarding the alleged risk to the public from the product or substance as provided in subsection (2) of this section against the right of the public to protect the confidentiality of information as provided in subsection (3) of this section.
(5)(a) Any confidentiality provisions that are not adopted consistent with the provisions of this section are voidable by the court.
(b) Any confidentiality provisions that are determined to be void are severable from the remainder of the order or agreement notwithstanding any provision to the contrary and the remainder of the order or agreement shall remain in force.
(c) Nothing in RCW 4.24.601 and this section prevents the court from denying the request for confidentiality provisions under other law nor limits the scope of discovery pursuant to applicable court rules.
(6) In cases of third party actions challenging confidentiality provisions in orders or agreements, the court has discretion to award to the prevailing party actual damages, costs, reasonable attorneys' fees, and such other terms as the court deems just.
(7) The following acts or parts of acts are each repealed on May 1, 1994:
(d) RCW 4.16.380 and 1993 c 17 s 5; and
(e) 1993 c 17 s 4 (uncodified).

NOTES:

ApplicationEffective date1994 c 42: See notes following RCW 4.24.601.



Liability for damage to land and propertyDamagesCostsAttorneys' feesExceptions.

(1) Every person who goes onto the land of another and who removes timber, crops, minerals, or other similar valuable property from the land, or wrongfully causes waste or injury to the land, or wrongfully injures personal property or improvements to real estate on the land, is liable to the injured party for treble the amount of the damages caused by the removal, waste, or injury. For purposes of this section, a person acts "wrongfully" if the person intentionally and unreasonably commits the act or acts while knowing, or having reason to know, that he or she lacks authorization to so act. Damages recoverable under this section include, but are not limited to, damages for the market value of the property removed or injured, and for injury to the land, including the costs of restoration. In addition, the person is liable for reimbursing the injured party for the party's reasonable costs, including but not limited to investigative costs and reasonable attorneys' fees and other litigation-related costs.
(2) This section does not apply in any case where liability for damages is provided under RCW 64.12.030, * 79.01.756, 79.01.760, 79.40.070, or where there is immunity from liability under RCW 64.12.035.

NOTES:

*Reviser's note: RCW 79.01.756, 79.01.760, and 79.40.070 were recodified as RCW 79.02.320, 79.02.300, and 79.02.340, respectively, pursuant to 2003 c 334 § 554. RCW 79.02.340 was subsequently repealed by 2009 c 349 § 5.
Severability1999 c 248: See note following RCW 64.12.035.



Firearm safety program liability.

No person who owns, operates, is employed by, or volunteers at a program approved under RCW 77.32.155 shall be liable for any injury that occurs while the person who suffered the injury is participating in the course, unless the injury is the result of gross negligence.

NOTES:

FindingIntentSeverability1994 sp.s. c 7: See notes following RCW 43.70.540.



Liability of school districts under contracts with youth programs.

(1) A school district shall not be liable for an injury to or the death of a person due to action or inaction of persons employed by, or under contract with, a youth program if:
(a) The action or inaction takes place on school property and during the delivery of services of the youth program;
(b) The private nonprofit group provides proof of being insured, under an accident and liability policy issued by an insurance company authorized to do business in this state, that covers any injury or damage arising from delivery of its services. Coverage for a policy meeting the requirements of this section must be at least fifty thousand dollars due to bodily injury or death of one person, or at least one hundred thousand dollars due to bodily injury or death of two or more persons in any incident. The private nonprofit shall also provide a statement of compliance with the policies for the management of concussion and head injury in youth sports as set forth in RCW 28A.600.190 and a statement of compliance with the policies for sudden cardiac arrest awareness as set forth in RCW 28A.600.195; and
(c) The group provides proof of such insurance before the first use of the school facilities. The immunity granted shall last only as long as the insurance remains in effect.
(2) Immunity under this section does not apply to any school district before January 1, 2000.
(3) As used in this section, "youth programs" means any program or service, offered by a private nonprofit group, that is operated primarily to provide persons under the age of eighteen with opportunities to participate in services or programs.
(4) This section does not impair or change the ability of any person to recover damages for harm done by: (a) Any contractor or employee of a school district acting in his or her capacity as a contractor or employee; or (b) the existence of unsafe facilities or structures or programs of any school district.

NOTES:

FindingsIntentShort title2015 c 26: See notes following RCW 28A.600.195.
IntentEffective date1999 c 316: See notes following RCW 28A.335.155.



Liability of volunteers of nonprofit or governmental entities.

(1) Except as provided in subsection (2) of this section, a volunteer of a nonprofit organization or governmental entity shall not be personally liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if:
(a) The volunteer was acting within the scope of the volunteer's responsibilities in the nonprofit organization or governmental entity at the time of the act or omission;
(b) If appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice, where the activities were or practice was undertaken within the scope of the volunteer's responsibilities in the nonprofit organization or governmental entity;
(c) The harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the volunteer;
(d) The harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires the operator or the owner of the vehicle, craft, or vessel to either possess an operator's license or maintain insurance; and
(e) The nonprofit organization carries public liability insurance covering the organization's liability for harm caused to others for which it is directly or vicariously liable of not less than the following amounts:
(i) For organizations with gross revenues of less than twenty-five thousand dollars, at least fifty thousand dollars due to the bodily injury or death of one person or at least one hundred thousand dollars due to the bodily injury or death of two or more persons;
(ii) For organizations with gross revenues of twenty-five thousand dollars or more but less than one hundred thousand dollars, at least one hundred thousand dollars due to the bodily injury or death of one person or at least two hundred thousand dollars due to the bodily injury or death of two or more persons;
(iii) For organizations with gross revenues of one hundred thousand dollars or more, at least five hundred thousand dollars due to bodily injury or death.
(2) Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of the organization or entity.
(3) Nothing in this section shall be construed to affect the liability, or vicarious liability, of any nonprofit organization or governmental entity with respect to harm caused to any person, including harm caused by the negligence of a volunteer.
(4) Nothing in this section shall be construed to apply to the emergency workers registered in accordance with chapter 38.52 RCW nor to the related volunteer organizations to which they may belong.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Economic loss" means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities.
(b) "Harm" includes physical, nonphysical, economic, and noneconomic losses.
(c) "Noneconomic loss" means loss for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium other than loss of domestic service, hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature.
(d) "Nonprofit organization" means: (i) Any organization described in section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) and exempt from tax under section 501(a) of the internal revenue code; (ii) any not-for-profit organization that is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes; or (iii) any organization described in section 501(c)(14)(A) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(14)(A)) and exempt from tax under section 501(a) of the internal revenue code.
(e) "Volunteer" means an individual performing services for a nonprofit organization or a governmental entity who does not receive compensation, other than reasonable reimbursement or allowance for expenses actually incurred, or any other thing of value, in excess of five hundred dollars per year. "Volunteer" includes a volunteer serving as a director, officer, trustee, or direct service volunteer.



Unlawful release of court and law enforcement employee informationException.

(1) A person shall not knowingly make available on the world wide web the personal information of a peace officer, corrections person, justice, judge, commissioner, public defender, or prosecutor if the dissemination of the personal information poses an imminent and serious threat to the peace officer's, corrections person's, justice's, judge's, commissioner's, public defender's, or prosecutor's safety or the safety of that person's immediate family and the threat is reasonably apparent to the person making the information available on the world wide web to be serious and imminent.
(2) It is not a violation of this section if an employee of a county auditor or county assessor publishes personal information, in good faith, on the web site of the county auditor or county assessor in the ordinary course of carrying out public functions.
(3) For the purposes of this section:
(a) "Commissioner" means a commissioner of the superior court, court of appeals, or supreme court.
(b) "Corrections person" means any employee or volunteer who by state, county, municipal, or combination thereof, statute has the responsibility for the confinement, care, management, training, treatment, education, supervision, or counseling of those whose civil rights have been limited in some way by legal sanction.
(c) "Immediate family" means a peace officer's, corrections person's, justice's, judge's, commissioner's, public defender's, or prosecutor's spouse, child, or parent and any other adult who lives in the same residence as the person.
(d) "Judge" means a judge of the United States district court, the United States court of appeals, the United States magistrate, the United States bankruptcy court, and the Washington court of appeals, superior court, district court, or municipal court.
(e) "Justice" means a justice of the United States supreme court or Washington supreme court.
(f) "Personal information" means a peace officer's, corrections person's, justice's, judge's, commissioner's, public defender's, or prosecutor's home address, home telephone number, pager number, social security number, home email address, directions to the person's home, or photographs of the person's home or vehicle.
(g) "Prosecutor" means a county prosecuting attorney, a city attorney, the attorney general, or a United States attorney and their assistants or deputies.
(h) "Public defender" means a federal public defender, or other public defender, and his or her assistants or deputies.

NOTES:

Finding2006 c 355: "The legislature finds that the dissemination of personally identifying information as proscribed in RCW 4.24.680 is not in the public interest." [ 2006 c 355 § 1.]
Severability2006 c 355: "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." [ 2006 c 355 § 4.]



Unlawful release of court and law enforcement employee informationCourt action to prevent.

(1) Whenever it appears that any person or organization is engaged in or about to engage in any act that constitutes or will constitute a violation of RCW 4.24.680, the prosecuting attorney or any person harmed by an alleged violation of RCW 4.24.680 may initiate a civil proceeding in superior court to enjoin such violation, and may petition the court to issue an order for the discontinuance of the dissemination of information in violation of RCW 4.24.680.
(2) An action under this section shall be brought in the county in which the violation is alleged to have taken place, and shall be commenced by the filing of a verified complaint, or shall be accompanied by an affidavit.
(3) If it is shown to the satisfaction of the court, either by verified complaint or affidavit, that a person or organization is engaged in or about to engage in any act that constitutes a violation of RCW 4.24.680, the court may issue a temporary restraining order to abate and prevent the continuance or recurrence of the act.
(4) The court may issue a permanent injunction to restrain, abate, or prevent the continuance or recurrence of the violation of RCW 4.24.680. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction. The court may retain jurisdiction of the case for the purpose of enforcing its orders.



Unlawful release of court and law enforcement employee informationDamages, fees, and costs.

Any person whose personal information is made available on the world wide web as described in RCW 4.24.680(1) who suffers damages as a result of such conduct may bring an action against the person or organization who makes such information available, for actual damages sustained plus damages in an amount not to exceed one thousand dollars for each day the personal information was made available on the world wide web, and reasonable attorneys' fees and costs.

NOTES:

FindingSeverability2006 c 355: See notes following RCW 4.24.680.



Outdoor music festival, campgroundDetention.

(1) In a civil action brought against the detainer by reason of a person having been detained on or in the immediate vicinity of the premises of an outdoor music festival or related campground for the purpose of investigation or questioning as to the lawfulness of the consumption or possession of alcohol or illegal drugs, it is a defense that the detained person was detained in a reasonable manner and for not more than a reasonable time to permit the investigation or questioning by a law enforcement officer, and that a peace officer, owner, operator, employee, or agent of the outdoor music festival had reasonable grounds to believe that the person so detained was unlawfully consuming or attempting to unlawfully consume or possess, alcohol or illegal drugs on the premises.
(2) For the purposes of this section:
(a) "Illegal drug" means a controlled substance under chapter 69.50 RCW for which the person detained does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings, or a legend drug under chapter 69.41 RCW for which the person does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.
(b) "Outdoor music festival" has the same meaning as in RCW 70.108.020, except that no minimum time limit is required.
(c) "Reasonable grounds" include, but are not limited to:
(i) Exhibiting the effects of having consumed liquor, which means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, and either:
(A) Is in possession of or in close proximity to a container that has or recently had liquor in it; or
(B) Is shown by other evidence to have recently consumed liquor; or
(ii) Exhibiting the effects of having consumed an illegal drug, which means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed an illegal drug, and either:
(A) Is in possession of an illegal drug; or
(B) Is shown by other evidence to have recently consumed an illegal drug.
(d) "Reasonable time" means the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to allow a law enforcement officer to determine the lawfulness of the consumption or possession of alcohol or illegal drugs. "Reasonable time" may not exceed one hour.



Liability immunityAmber alerts.

No cause of action shall be maintained for civil damages in any court of this state against any radio or television broadcasting station or cable television system, or the employees, officers, directors, managers, or agents of the radio or television broadcasting station or cable television system, based on the broadcast of information including, but not limited to, the name or description of an abducted child, the name or description of a suspected abductor, and the circumstances of an abduction supplied by law enforcement officials pursuant to the voluntary broadcast notification system commonly known as the "Amber alert," or as the same system may otherwise be known in this state, which is used to notify the public of missing or abducted children. Nothing in this section shall be construed to limit or restrict in any way any immunity or privilege a radio or television broadcasting station or cable television system may have under statute or common law for broadcasting or otherwise disseminating information.



Liability immunityDisclosure of employee information to prospective employer.

(1) An employer who discloses information about a former or current employee to a prospective employer, or employment agency as defined by RCW 49.60.040, at the specific request of that individual employer or employment agency, is presumed to be acting in good faith and is immune from civil and criminal liability for such disclosure or its consequences if the disclosed information relates to: (a) The employee's ability to perform his or her job; (b) the diligence, skill, or reliability with which the employee carried out the duties of his or her job; or (c) any illegal or wrongful act committed by the employee when related to the duties of his or her job.
(2) The employer should retain a written record of the identity of the person or entity to which information is disclosed under this section for a minimum of two years from the date of disclosure. The employee or former employee has a right to inspect any such written record upon request and any such written record shall become part of the employee's personnel file, subject to the provisions of chapter 49.12 RCW.
(3) For the purposes of this section, the presumption of good faith may only be rebutted upon a showing by clear and convincing evidence that the information disclosed by the employer was knowingly false, deliberately misleading, or made with reckless disregard for the truth.



Liability immunityBovine handling activities.

(1) Except as provided in subsection (2) of this section, an owner, operator, or manager of a bovine handling facility, and the owner of bovine handled at or processed through a bovine handling facility, are not liable for an injury to or the death of a person who knowingly and voluntarily participates in bovine handling activities at a bovine handling facility or knowingly and voluntarily enters onto the premises of a bovine handling facility as a spectator of bovine handling activities.
(2) Nothing in subsection (1) of this section prevents or limits the liability of an owner, operator, or manager of a bovine handling facility, or an owner of bovine handled at or processed through a bovine handling facility, if the owner, operator, or manager of the bovine handling facility, or the bovine owner:
(a) Intentionally injures the participant or spectator or commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or spectator and that act or omission caused the injury;
(b) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant or spectator sustained injuries because of a dangerous latent condition which was known to or should have been known to the owner, operator, or manager of the bovine handling facility, or the bovine owner, and for which warning signs have not been conspicuously posted; or
(c) Is liable under chapter 16.04 or 16.24 RCW.
(3) As used in this section:
(a) "Bovine" means beef cattle, dairy cattle, and bison.
(b) "Bovine handling facility" means a cooperative not-for-profit outdoor facility, such as a corral, that is used for the normal and customary handling and husbandry of bovines, whether on a daily or periodic basis, and does not include commercial slaughter facilities.
(c) "Bovine handling activities" means normal and customary activities associated with the handling and husbandry of bovines.



Monitoring of persons charged with or convicted of misdemeanorsDecisions concerning release of criminal offendersFindings.

The legislature finds that the provision of preconviction and postconviction misdemeanor probation and supervision services, and the monitoring of persons charged with or convicted of misdemeanors to ensure their compliance with preconviction or postconviction orders of the court, are essential to improving the safety of the public in general. Furthermore, the legislature finds that decisions concerning whether criminal offenders are released into the community pretrial or postconviction, including the revocation of probation, rest with the judiciary.



Limited jurisdiction courtsLimitation on liability for inadequate supervision or monitoringDefinitions.

(1) A limited jurisdiction court that provides misdemeanant supervision services is not liable for civil damages based on the inadequate supervision or monitoring of a misdemeanor defendant or probationer unless the inadequate supervision or monitoring constitutes gross negligence.
(2) For the purposes of this section:
(a) "Limited jurisdiction court" means a district court or a municipal court, and anyone acting or operating at the direction of such court, including but not limited to its officers, employees, agents, contractors, and volunteers.
(b) "Misdemeanant supervision services" means preconviction or postconviction misdemeanor probation or supervision services, or the monitoring of a misdemeanor defendant's compliance with a preconviction or postconviction order of the court, including but not limited to community corrections programs, probation supervision, pretrial supervision, or pretrial release services.
(3) This section does not create any duty and shall not be construed to create a duty where none exists. Nothing in this section shall be construed to affect judicial immunity.



Private employer not liable for injury to unauthorized third-party occupant of private employer's vehicle.

(1) A private employer is not liable for any injury received by a third-party occupant of a vehicle that is owned, leased, or rented by the employer if, at the time the injuries were inflicted, the third-party occupant was riding in or on the vehicle with an employee who had explicitly acknowledged in writing the employer's policy on use of vehicles owned, leased, or rented by the employer and the third-party occupant was not:
(a) Specifically and expressly authorized by the employer to be an occupant of the vehicle; or
(b) Acting on behalf of, or for the benefit of, the employer with the knowledge or implied approval or acquiescence of the employer.
(2) For purposes of this section, "third-party occupant" means a person who occupies a vehicle owned, leased, or rented by the private employer and who is not an officer, employee, or agent, or authorized or constructive invitee of the private employer.

NOTES:

IntentApplication2011 c 82: See notes following RCW 4.92.180.
Definitions: RCW 52.12.160.



Liability of fire service protection agency in providing firefighting efforts outside of jurisdiction or emergency services.

Any fire service protection agency, as well as the firefighters therein, whether volunteer or paid, which takes part in firefighting efforts outside its jurisdiction or provides emergency care, rescue, assistance, or recovery services at the scene of an emergency, is not liable for civil damages resulting from any act or omission in the rendering of such services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.



Electronic impersonationAction for invasion of privacy.

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Actual person" means a living individual.
(b) "Blog" means a web site that is created primarily for the writer to maintain an online personal journal with reflections, comments, or hyperlinks provided by the writer.
(c) "Impersonates" or "impersonation" means using an actual person's name or likeness to create an impersonation that another person would reasonably believe or did reasonably believe was or is the actual person being impersonated.
(d) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
(e) "Online bulletin board" means a web site that is designed specifically for internet users to post and respond to online classified advertisements that are viewable by other internet users.
(f) "Social networking web site" means a web site that allows a user to create an account or profile for the user for the purposes of, among other things, connecting the user's account or profile to other users' accounts or profiles. A blog is not a social networking web site.
(2) A person may be liable in a civil action based on a claim of invasion of privacy when:
(a) The person impersonates another actual person on a social networking web site or online bulletin board;
(b) The impersonation was intentional and without the actual person's consent;
(c) The person intended to deceive or mislead for the purpose of harassing, threatening, intimidating, humiliating, or defrauding another; and
(d) The impersonation proximately caused injury to the actual person. Injury may include injury to reputation or humiliation, injury to professional or financial standing, or physical harm.
(3)(a) The actual person who suffered injury by an impersonation in violation of this section may bring an action to recover actual damages, injunctive relief, and declaratory relief. The court may award actual damages, injunctive relief, and declaratory relief as necessary.
(b) The court may award the prevailing party costs and reasonable attorneys' fees.
(4) This section does not apply when the impersonation was:
(a) For a use set forth in RCW 63.60.070, including for matters of cultural, historical, political, religious, educational, newsworthy, or public interest including, but not limited to, use in works of art, commentary, satire, and parody;
(b) For a use that would violate chapter 63.60 RCW;
(c) Insignificant, de minimis, or incidental use; or
(d) Performed by a law enforcement agency as part of a lawful criminal investigation.
(5) A court of this state may exercise jurisdiction in a suit brought by a Washington resident or against a defendant who is a Washington resident. Jurisdiction over any person who is not a Washington resident may be exercised in a manner consistent with the laws and Constitution of the state of Washington, including RCW 4.28.185, and the Constitution of the United States.
(6)(a) This section may not be construed to impose any liability on a social networking web site, online bulletin board, internet service provider, interactive computer service, computer hardware or software provider, or web site operator or administrator or its employees, unless the provider, operator, administrator, or employee is the person impersonating an actual person. Nothing in this section is intended to preclude other common law causes of action against these entities.
(b) This section may not be construed to limit any other civil cause of action available to a person under statute or common law or any criminal prosecution.
(7) For the purposes of this section, parental liability is limited pursuant to RCW 4.24.190.

NOTES:

FindingIntent2012 c 9: "The legislature finds that although social networking web sites and online bulletin boards provide valuable opportunities for networking, there are also opportunities for conduct that can cause harm to other persons. There are civil and criminal remedies for certain types of fraud, impersonation, and appropriation of a person's personality for commercial purposes. However, how these traditional legal remedies extend to wrongful impersonation over the internet to mislead, deceive, harass, threaten, or intimidate is relatively new and unclear. Courts have recognized the tort of invasion of privacy, and one of the four categories of an invasion of privacy claim is the misappropriation of another person's name or likeness. It is the intent of the legislature to specify that the tort of invasion of privacy may include the misappropriation of a person's name or likeness through social networking web sites and online bulletin boards with the intent to mislead, deceive, harass, threaten, or intimidate." [ 2012 c 9 § 1.]



Distribution of intimate imagesLiability for damages, other civil penaltiesConfidentiality of the plaintiff.

(1) A person distributes an intimate image of another person when that person intentionally and without consent distributes, transmits, or otherwise makes available an intimate image or images of that other person that was:
(a) Obtained under circumstances in which a reasonable person would know or understand that the image was to remain private; or
(b) Knowingly obtained by that person without authorization or by exceeding authorized access from the other person's property, accounts, messages, files, or resources.
(2) Any person who distributes an intimate image of another person as described in subsection (1) of this section and at the time of such distribution knows or reasonably should know that disclosure would cause harm to the depicted person shall be liable to that other person for actual damages including, but not limited to, pain and suffering, emotional distress, economic damages, and lost earnings, reasonable attorneys' fees, and costs. The court may also, in its discretion, award injunctive relief as it deems necessary.
(3) Factors that may be used to determine whether a reasonable person would know or understand that the image was to remain private include:
(a) The nature of the relationship between the parties;
(b) The circumstances under which the intimate image was taken;
(c) The circumstances under which the intimate image was distributed; and
(d) Any other relevant factors.
(4) It shall be an affirmative defense to a violation of this section that the defendant is a family member of a minor and did not intend any harm or harassment in disclosing the images of the minor to other family or friends of the defendant. This affirmative defense shall not apply to matters defined under RCW 9.68A.011.
(5) As used in this section, "intimate image" means any photograph, motion picture film, videotape, digital image, or any other recording or transmission of another person who is identifiable from the image itself or from information displayed with or otherwise connected to the image, and that was taken in a private setting, is not a matter of public concern, and depicts:
(a) Sexual activity, including sexual intercourse as defined in RCW 9A.44.010 and masturbation; or
(b) A person's intimate body parts, whether nude or visible through less than opaque clothing, including the genitals, pubic area, anus, or postpubescent female nipple.
(6) In an action brought under this section, the court shall:
(a) Make it known to the plaintiff as early as possible in the proceedings of the action that the plaintiff may use a confidential identity in relation to the action;
(b) Allow a plaintiff to use a confidential identity in all petitions, filings, and other documents presented to the court;
(c) Use the confidential identity in all of the court's proceedings and records relating to the action, including any appellate proceedings; and
(d) Maintain the records relating to the action in a manner that protects the confidentiality of the plaintiff.
(7) Nothing in this section shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. 230(f)(2) as it exists on September 26, 2015, for content provided by another person.



Liability immunityCharitable donation of eyeglasses or hearing instruments.

(1) A charitable organization is not liable for any civil damages arising out of any act or omission, other than acts or omissions constituting gross negligence or willful or wanton misconduct, associated with providing previously owned eyeglasses or hearing instruments to a person if:
(a) The person is at least fourteen years of age; and
(b) The eyeglasses or hearing instruments are provided to the person without compensation or the expectation of compensation.
(2) The immunity provided by subsection (1) of this section applies to eyeglasses only if the eyeglasses are provided by a physician licensed under chapter 18.71 RCW, an osteopathic physician licensed under chapter 18.57 RCW, an optometrist licensed under chapter 18.53 RCW, or an optician licensed under chapter 18.34 RCW who has:
(a) Personally examined the person who will receive the eyeglasses; or
(b) Personally consulted with the licensed physician, osteopathic physician, or optometrist who examined the person who will receive the eyeglasses.
(3) The immunity provided by subsection (1) of this section applies to eyeglasses if the eyeglasses are provided by a physician's or optician's optical assistant who has personally consulted with the licensed physician, osteopathic physician, or optometrist who examined the person who will receive the eyeglasses.
(4) The immunity provided by subsection (1) of this section applies to hearing instruments only if the hearing instruments are provided by a physician licensed under chapter 18.71 RCW, an osteopathic physician licensed under chapter 18.57 RCW, or hearing health care professional licensed under chapter 18.35 RCW who has:
(a) Personally examined the person who will receive the hearing instruments; or
(b) Personally consulted with the licensed physician, osteopathic physician, or hearing health care professional who has examined the person who will receive the hearing instruments.
(5) For purposes of this section, "charitable organization" means an organization:
(a) That regularly engages in or provides financial support for some form of benevolent or charitable activity with the purpose of doing good to others rather than for the convenience of its members;
(b) In which no part of the organization's income is distributable to its members, directors, or officers; and
(c) In which no member, director, officer, agent, or employee is paid, or directly receives, in the form of salary or other compensation, an amount beyond that which is just and reasonable compensation commonly paid for such services rendered and which has been fixed and approved by the members, directors, or other governing body of the organization.



Liability immunityCredentialing or granting practice privileges to health care providers responding to emergencies.

(1) Except as provided in subsection (2) of this section, any health care provider credentialing or granting practice privileges to other health care providers to deliver health care in response to an emergency is immune from civil liability arising out of such credentialing or granting of practice privileges if: (a) The health care provider so credentialed or granted practice privileges was responding to an emergency; and (b) the procedures utilized for credentialing and granting practice privileges were substantially consistent with the standards for granting emergency practice privileges adopted by the joint commission on the accreditation of health care organizations.
(2) This section does not apply to any acts or omissions constituting gross negligence or willful or wanton misconduct.
(3) For purposes of this section:
(a) "Ambulatory surgical facility" has the same meaning as provided in RCW 70.230.010.
(b) "Clinic" means a place for treatment of patients on an outpatient basis by a health care provider.
(c) "Credentialing" means the collection, verification, and assessment of whether a health care provider meets relevant licensing, education, and training requirements.
(d) "Emergency" means an event or set of circumstances for which the governor has proclaimed a state of emergency pursuant to RCW 43.06.010.
(e) "Health care provider" means:
(i) A member of a profession identified in RCW 7.70.020(1);
(ii) An employee or agent of a member of such a profession acting in the course and scope of his or her employment;
(iii) An entity, whether or not incorporated, facility, or institution employing, credentialing, or providing practice privileges to one or more persons described in (e)(i) of this subsection including, but not limited to, a hospital, ambulatory surgical facility, 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;
(iv) A pharmacist or pharmacy as defined in RCW 18.64.011; or
(v) In the event any person identified in (e)(i) through (iv) of this subsection is deceased, his or her estate or personal representative.
(f) "Health maintenance organization" has the same meaning as provided in RCW 48.46.020.
(g) "Hospital" has the same meaning as provided in RCW 70.41.020.
(h) "Nursing home" has the same meaning as provided in RCW 18.51.010.



Nonrecognition of foreign orderIncompatibility with public policy.

(1) Washington's courts, administrative agencies, or any other Washington tribunal shall not recognize, base any ruling on, or enforce any order issued under foreign law, or by a foreign legal system, that is manifestly incompatible with public policy.
(2) For purposes of this chapter, a foreign law, an order issued by a foreign legal system or foreign tribunal is presumed manifestly incompatible with public policy, when it does not, or would not, grant the parties all of the same rights, or when the enforcement of any order would result in a violation of any right, guaranteed by the Washington state and United States Constitutions.

NOTES:

Effective dateConflict with federal requirementsWaiver2015 c 214: See notes following RCW 26.21A.010.
Severability2015 c 214: See note following RCW 26.21A.115.



AgritourismDefinitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agritourism activity" means any activity carried out on a farm or ranch whose primary business activity is agriculture or ranching and that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities including, but not limited to: Farming; ranching; historic, cultural, and on-site educational programs; recreational farming programs that may include on-site hospitality services; guided and self-guided tours; petting zoos; farm festivals; corn mazes; harvest-your-own operations; hayrides; barn parties; horseback riding; fishing; and camping.
(2) "Agritourism professional" means any person in the business of providing one or more agritourism activities, whether or not for compensation.
(3) "Inherent risks of agritourism activity" means those dangers or conditions that are an integral part of an agritourism activity including certain hazards, such as surface and subsurface conditions, natural conditions of land, vegetation, waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity, unless the participant acting in a negligent manner is a minor or is under the influence of alcohol or drugs.
(4) "Participant" means any person, other than the agritourism professional, who engages in an agritourism activity.
(5) "Person" means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit.

NOTES:

Finding2017 c 227: See note following RCW 4.24.832.



AgritourismImmunity.

(1)(a) Except as provided in subsection (2) of this section, an agritourism professional is not liable for injury, loss, damage, or death of a participant resulting exclusively from any of the inherent risks of agritourism activities.
(b) Except as provided in subsection (2) of this section, no participant or participant's representative may pursue an action or recover from an agritourism professional for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities.
(c) In any action for damages against an agritourism professional for agritourism activity, the agritourism professional must plead the affirmative defense of assumption of the risk of agritourism activity by the participant.
(2) Nothing in subsection (1) of this section prevents or limits the liability of an agritourism professional if the agritourism professional does any one or more of the following:
(a) Commits an act or omission that is grossly negligent or constitutes willful or wanton disregard for the safety of the participant and that act or omission proximately causes injury, damage, or death to the participant.
(b) Has actual knowledge or reasonably should have known of an existing dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such an activity and does not make the danger known to the participant and the danger proximately causes injury, damage, or death to the participant.
(c) Permits minor participants to use facilities or engage in agritourism activities that are not reasonably appropriate for their age. This provision shall not be interpreted to relieve a parent or guardian of a minor participant of the duty to reasonably supervise the minor's participation in agritourism activities, including assessing whether the minor's participation in an agritourism activity is reasonably appropriate for his or her age.
(d) Knowingly permits participants to use facilities or engage in agritourism activities while under the influence of alcohol or drugs.
(e) Fails to warn participants as required by RCW 4.24.835.
(3) Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.

NOTES:

Finding2017 c 227: "The legislature finds that agriculture plays a substantial role in the economy, culture, and history of Washington state. As an increasing number of Washington's citizens are removed from day-to-day agricultural experiences, agritourism provides a valuable opportunity for the public to interact with, experience, and understand agriculture. In addition, agritourism opportunities provide valuable options for farmers and ranchers and rural residents to maintain their operations and continue a traditional economic development opportunity in rural areas. Inherent risks exist on farms and ranches, some of which cannot be reasonably eliminated. Uncertainty of potential liability associated with inherent risks has a negative impact on the establishment and success of agritourism operations." [ 2017 c 227 § 1.]



AgritourismWarning notice.

(1) Every agritourism professional must post and maintain signs that contain the warning notice specified in subsection (2) of this section. The sign must be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice must consist of a sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, must contain in clearly readable print the warning notice specified in subsection (2) of this section.
(2) The sign and contracts described in subsection (1) of this section must contain the following notice of warning:
"WARNING
Under Washington state law, there is limited liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such an injury or death results exclusively from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. We are required to ensure that in any activity involving minor children, only age-appropriate access to activities, equipment, and animals is permitted. You are assuming the risk of participating in this agritourism activity."
(3) Failure to comply with the requirements concerning warning signs and notices provided in this section prohibits an agritourism professional from invoking the privilege of immunity provided by this section, section 1, chapter 227, Laws of 2017, and RCW 4.24.830 and 4.24.832 and may be introduced as evidence in any claim for damages.

NOTES:

Finding2017 c 227: See note following RCW 4.24.832.



Effect of sexual harassment or sexual assault nondisclosure agreement on discovery and witness availability.

(1) In any civil judicial or administrative action relating to sexual harassment or sexual assault, a nondisclosure policy or agreement that purports to limit the ability of any person to produce evidence regarding past instances of sexual harassment or sexual assault by a party to the civil action does not affect discovery or the availability of witness testimony relating to that civil action. Any provision of a nondisclosure policy or agreement including any arbitration agreement or decision that would limit, prevent, or punish such disclosure is contrary to public policy and unenforceable. However, the court or presiding officer shall enter appropriate orders upon motion of any party supported by affidavit or sworn declaration, or without motion but on the court's or presiding officer's own accord, to ensure that the identity of any person who is or is alleged to be a victim of sexual harassment or sexual assault is not made public as a result of a disclosure made under this section, unless such person consents.
(2) The provisions of this section do not alter admissibility standards of evidence for the court or presiding officer to decide whether the probative value of evidence offered outweighs the potential prejudice.

NOTES:

Application2018 c 118: "This act applies to actions pending as of June 7, 2018, and actions filed after June 7, 2018." [ 2018 c 118 § 2.]



ConstructionChapter applicable to state registered domestic partnerships2009 c 521.

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.