RCW ch. 4.24 — Revised Code of Washington Chapter 4.24 RCW — Special Rights Of Action And Special Immunities

RCW 4.24.005 Tort actions—Attorneys' fees—Determination 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. [ 1987 c 212 s 1601; 1986 c 305 s 201.] NOTES: Application— RCW 4.24.010 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. [ 2019 c 159 s 5; 1998 c 237 s 2; 1973 1st ex.s. c 154 s 4; 1967 ex.s. c 81 s 1; 1927 c 191 s 1; Code 1881 s 9; 1877 p 5 s 9; 1873 p 5 s 10; 1869 p 4 s 9; RRS s 184.] NOTES: Retroactive application— RCW 4.24.020 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. [ 1973 1st ex.s. c 154 s 5; Code 1881 s 10; 1877 p 5 s 10; 1869 p 4 s 10; RRS s 185.] NOTES: Severability— RCW 4.24.040 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 s 2; 2009 c 549 s 1001; Code 1881 s 1226; 1877 p 300 s 3; RRS s 5647.] NOTES: Reviser's note: RCW 4.24.050 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 s 4; Code 1881 s 1228; 1877 p 300 s 5; RRS s 5648.] RCW 4.24.060 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. [ 2014 c 81 s 3; 2011 c 336 s 93; 1983 c 3 s 5; Code 1881 s 1229; 1877 p 300 s 6; RRS s 5649.] NOTES: Authority of chapter— RCW 4.24.070 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 s 2; Code 1881 s 1255; 1879 p 98 s 3; RRS s 5851.] NOTES: Gambling: Chapter 9.46 RCW. RCW 4.24.080 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 s 94; 1957 c 7 s 3; Code 1881 s 1257; 1879 p 98 s 5; RRS s 5852.] RCW 4.24.090 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 s 4; Code 1881 s 1254; 1879 p 98 s 2; RRS s 5853.] RCW 4.24.115 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. [ 2012 c 160 s 1; 2011 c 336 s 95; 2010 c 120 s 1; 1986 c 305 s 601; 1967 ex.s. c 46 s 2.] NOTES: Preamble— RCW 4.24.130 Action for change of name—Fees. (1) Any person desiring a change of the person's name or that of the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian, may apply therefor to the district court of any judicial district in the state, by petition setting forth the desire for such change; thereupon such court in its discretion may order a change of the name and thenceforth the new name shall be in place of the former. (2) An offender under the jurisdiction of the department of corrections who applies to change the offender's name under subsection (1) of this section shall submit a copy of the application to the department of corrections not fewer than five days before the entry of an order granting the name change. No offender under the jurisdiction of the department of corrections at the time of application shall be granted an order changing the offender's name if the court finds that doing so will interfere with legitimate penological interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. An offender under the jurisdiction of the department of corrections who receives an order changing the offender's name shall submit a copy of the order to the department of corrections within five days of the entry of the order. Violation of this subsection is a misdemeanor. (3) A sex offender subject to registration under RCW 9A.44.130 who applies to change the sex offender's name under subsection (1) of this section shall follow the procedures set forth in RCW 9A.44.130(7). (4) The district court shall collect the fees authorized by RCW 36.18.010 for filing and recording a name change order, and transmit the fee and the order to the county auditor. The court may collect a reasonable fee to cover the cost of transmitting the order to the county auditor. Upon affidavit by the person seeking the name change or a qualified legal service provider that the person is unable to pay the fees due to financial hardship, the court shall waive all fees for filing and recording a name change order and direct the county auditor or recording officer to process the name change order at no expense to the person. The court may not waive the fees if the person has received victim compensation for name change fees. For purposes of this subsection, "qualified legal service provider" means a not-for-profit legal services organization in Washington state whose primary purpose is to provide legal services to low-income clients. (5)(a) Name change petitions may be filed and shall be heard in any superior court in the state: (i) When a person desiring a change of the person's name: (A) Is an emancipated minor under chapter 13.64 RCW; or (B) Has received asylum, refugee, or special immigrant juvenile status; or (ii) If the reason for the person's name change, or the name change of the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian, is: (A) Related to gender expression or identity as defined in RCW 49.60.040; or (B) Due to an experience of or reasonable fear of domestic violence, stalking, unlawful harassment, or coercive control as those terms are defined in RCW 7.105.010. (b) When a person for whom a name change is sought is a child named in a proceeding under Title 13 or 74 RCW in which the court has exercised original, exclusive jurisdiction, the juvenile court has jurisdiction to either adjudicate a name change petition or grant concurrent jurisdiction to another court to hear the petition. (c) Upon granting the name change, the superior court shall seal the file to protect the person's privacy or that of the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian. In all cases filed under this subsection (5), whether or not the name change petition is granted, there shall be no public access to any court record of the name change filing, proceeding, or order, unless the name change is granted but the file is not sealed. The name change file shall not thereafter be open to inspection except: (i) Upon order of the court for good cause shown; or (ii) upon the request of the person whose name change was granted or the person's guardian or representative. (d) This subsection (5) does not apply to a person who is subject to the requirements of subsection (2) or (3) of this section. [ 2023 c 34 s 1; 2022 c 141 s 1; 2021 c 215 s 90; 1998 c 220 s 5; 1995 sp.s. c 19 s 14; 1995 c 246 s 34; 1992 c 30 s 1; 1991 c 33 s 5; Code 1881 s 635; 1877 p 132 s 638; RRS s 998.] NOTES: Effective date— RCW 4.24.140 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 s 1. FORMER PART OF SECTION: 1951 c 166 s 2 now codified as RCW 4.24.141.] NOTES: Limitation of actions: Chapter 4.16 RCW. RCW 4.24.141 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 s 2. Formerly RCW 4.24.140, part.] RCW 4.24.150 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 s 657; 1869 p 153 s 597; RRS s 963.] NOTES: Limitation of actions: Chapter 4.16 RCW. RCW 4.24.160 Action for penalty—Amount 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 s 658; 1869 p 153 s 598; RRS s 964.] RCW 4.24.170 Judgment for penalty or forfeiture—Effect 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 s 659; 1869 p 153 s 599; RRS s 965.] RCW 4.24.180 Disposition of fines, fees, penalties and forfeitures—Venue. Fines and forfeitures not specially granted or otherwise appropriated by law, when recovered, shall be paid into the school fund of the proper county: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended. Whenever, by the provisions of law, any property real or personal shall be forfeited to the state, or to any officer for its use, the action for the recovery of such property may be commenced in any county where the defendant may be found or where such property may be. [ 1987 c 202 s 115; 1969 ex.s. c 199 s 9; Code 1881 s 660; 1869 p 153 s 600; RRS s 966.] NOTES: Intent— RCW 4.24.190 Action against parent for willful injury to person or property by minor—Monetary limitation—Common 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. [ 1996 c 35 s 2; 1992 c 205 s 116; 1977 ex.s. c 145 s 1; 1967 ex.s. c 46 s 1; 1961 c 99 s 1.] NOTES: Part headings not law— RCW 4.24.200 Liability of owners or others in possession of land and water areas for injuries to recreation users—Purpose. The purpose of RCW 4.24.200 and 4.24.210 is to encourage owners or others in lawful possession and control of land and water areas or channels to make them available to the public for recreational purposes by limiting their liability toward persons entering thereon and toward persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon. [ 1969 ex.s. c 24 s 1; 1967 c 216 s 1.] RCW 4.24.210 Liability of owners or others in possession of land and water areas for injuries to recreation users—Known dangerous artificial latent conditions—Other 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 boating, swimming, fishing, kayaking, canoeing, or rafting purposes pursuant to and in substantial compliance with a hydroelectric license issued by the federal energy regulatory commission, and making adjacent lands available for purposes of allowing viewing of such activities, does not create a known dangerous artificial latent condition and hydroelectric project owners under subsection (1) of this section shall not be liable for unintentional injuries to the recreational users and observers resulting from such releases and activities. (b) Nothing in RCW 4.24.200 and this section limits or expands in any way the doctrine of attractive nuisance. (c) Usage by members of the public, volunteer groups, or other users is permissive and does not support any claim of adverse possession. (5) For purposes of this section, the following are not fees: (a) A license or permit issued for statewide use under authority of chapter 79A.05 RCW or Title 77 RCW; (b) A pass or permit issued under RCW 79A.80.020, 79A.80.030, or 79A.80.040; (c) A daily charge not to exceed twenty dollars per person, per day, for access to a publicly owned ORV sports park, as defined in RCW 46.09.310, or other public facility accessed by a highway, street, or nonhighway road for the purposes of off-road vehicle use; (d) Payments to landowners for public access from state, local, or nonprofit organizations established under department of fish and wildlife cooperative public access agreements if the landowner does not charge a fee to access the land subject to the cooperative agreement; and (e) A permit or license issued, or any application or processing fee therefore, for an organized event or commercial use under authority of chapter 43.12 or 43.30 RCW or Title 79 RCW. [ 2024 c 18 s 1; 2023 c 183 s 1; 2017 c 245 s 1; 2012 c 15 s 1. Prior: 2011 c 320 s 11; 2011 c 171 s 2; 2011 c 53 s 1; 2006 c 212 s 6; prior: 2003 c 39 s 2; 2003 c 16 s 2; 1997 c 26 s 1; 1992 c 52 s 1; prior: 1991 c 69 s 1; 1991 c 50 s 1; 1980 c 111 s 1; 1979 c 53 s 1; 1972 ex.s. c 153 s 17; 1969 ex.s. c 24 s 2; 1967 c 216 s 2.] NOTES: Application— RCW 4.24.220 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. [ 2011 c 336 s 96; 1967 c 76 s 3.] NOTES: Theft and robbery: Chapter 9A.56 RCW. RCW 4.24.230 Liability for conversion of goods or merchandise from store or mercantile establishment, leaving restaurant or hotel or motel without paying—Adults, minors—Parents, guardians—Notice. (1) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof is liable in addition to actual damages, for a penalty to the owner or seller in the amount of the retail value thereof not to exceed two thousand eight hundred fifty dollars, plus an additional penalty of not less than one hundred dollars nor more than six hundred fifty dollars, plus all reasonable attorney's fees and court costs expended by the owner or seller. A customer who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves without paying, is subject to liability under this section. A person who shall receive any food, money, credit, lodging, or accommodation at any hotel, motel, boarding house, or lodging house, and then leaves without paying the proprietor, manager, or authorized employee thereof, is subject to liability under this section. (2) The parent or legal guardian having the custody of an unemancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller and with the intention of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, is liable as a penalty to the owner or seller for the retail value of such goods, wares, or merchandise not to exceed one thousand four hundred twenty-five dollars plus an additional penalty of not less than one hundred dollars nor more than six hundred fifty dollars, plus all reasonable attorney's fees and court costs expended by the owner or seller. The parent or legal guardian having the custody of an unemancipated minor, who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves without paying, is subject to liability under this section. The parent or legal guardian having the custody of an unemancipated minor, who receives any food, money, credit, lodging, or accommodation at any hotel, motel, boarding house, or lodging house, and then leaves without paying the proprietor, manager, or authorized employee thereof, is subject to liability under this section. For the purposes of this subsection, liability shall not be imposed upon any governmental entity, private agency, or foster parent assigned responsibility for the minor child pursuant to court order or action of the department of social and health services. (3) Judgments and claims arising under this section may be assigned. (4) A conviction for violation of chapter 9A.56 RCW shall not be a condition precedent to maintenance of a civil action authorized by this section. (5) An owner or seller demanding payment of a penalty under subsection (1) or (2) of this section shall give written notice to the person or persons from whom the penalty is sought. The notice shall state: "IMPORTANT NOTICE: The payment of any penalty demanded of you does not prevent criminal prosecution under a related criminal provision." This notice shall be boldly and conspicuously displayed, in at least the same size type as is used in the demand, and shall be sent with the demand for payment of a penalty described in subsection (1) or (2) of this section. [ 2009 c 431 s 3; 1994 c 9 s 1; 1987 c 353 s 1; 1981 c 126 s 1; 1977 ex.s. c 134 s 1; 1975 1st ex.s. c 59 s 1.] NOTES: Applicability— RCW 4.24.235 Physicians—Immunity 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. [ 1986 c 152 s 2.] NOTES: Safety belts, use required: RCW 46.61.688. RCW 4.24.240 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. [ 2019 c 308 s 14; 2010 c 286 s 11; 1995 c 323 s 1; 1985 c 326 s 25; 1975-'76 2nd ex.s. c 56 s 4; 1975 1st ex.s. c 114 s 1; 1969 ex.s. c 157 s 1.] NOTES: Findings— RCW 4.24.250 Health care provider filing charges or presenting evidence—Immunity—Information 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). [ 2005 c 291 s 1; 2005 c 33 s 5; 2004 c 145 s 1; 1981 c 181 s 1; 1979 c 17 s 1; 1977 c 68 s 1; 1975 1st ex.s. c 114 s 2; 1971 ex.s. c 144 s 1.] NOTES: Reviser's note: RCW 4.24.260 Health professionals making reports, filing charges, or presenting evidence—Immunity. 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. [ 2006 c 8 s 102; 1994 sp.s. c 9 s 701; 1975 1st ex.s. c 114 s 3; 1971 ex.s. c 144 s 2.] NOTES: Findings— RCW 4.24.264 Boards of directors or officers of nonprofit corporations—Liability—Limitations. (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. [ 1987 c 212 s 1101; 1986 c 305 s 903.] NOTES: Preamble— RCW 4.24.290 Action for damages based on professional negligence of hospitals or members of healing arts—Standard of proof—Evidence—Exception. 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. [ 2019 c 308 s 15; 2010 c 286 s 12; 1995 c 323 s 2; 1994 sp.s. c 9 s 702; 1985 c 326 s 26; 1983 c 149 s 1; 1975 1st ex.s. c 35 s 1.] NOTES: Findings— RCW 4.24.300 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. [ 2014 c 204 s 3; 2004 c 87 s 1; 2003 c 256 s 1; 1985 c 443 s 19; 1975 c 58 s 1.] NOTES: Severability— RCW 4.24.310 Persons rendering emergency care or transportation—Definitions. 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. [ 1989 c 223 s 1; 1987 c 212 s 501; 1985 c 443 s 20; 1975 c 58 s 2.] NOTES: Severability— RCW 4.24.311 Immunity from liability for certain care or assistance at scene of emergency or disaster. (1) Any person who, without compensation or the expectation of compensation, renders nonmedical care or assistance at the scene of an emergency or disaster shall not be liable for civil damages resulting from any act or omission in the rendering of such care or assistance other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering such care or assistance during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care or assistance is excluded from the protection of this section. (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "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 organization; 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 transportation. (b) "Emergency or disaster" means an event or set of circumstances that: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrence; or (ii) Reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010. (c) "Nonmedical care or assistance" includes response and rescue operations as well as the provision of such necessities and amenities as food, supplies, shelter, transportation, and child care. (3)(a) This section does not apply to emergency workers registered in accordance with chapter 38.52 RCW or to the related volunteer organizations to which they may belong. (b) The immunity granted by this section is in addition to any common law or statutory immunity enjoyed by such person, and nothing in this section abrogates or modifies in any way such common law or statutory immunity. [ 2021 c 66 s 1.] RCW 4.24.314 Person causing hazardous materials incident—Responsibility for incident clean-up—Liability. (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. [ 1989 c 406 s 1; 1984 c 165 s 3.] RCW 4.24.320 Action by person damaged by malicious mischief to livestock or by owner damaged by theft of livestock—Treble 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. [ 2011 c 67 s 2; 2005 c 419 s 2; 2003 c 53 s 4; 1979 c 145 s 1; 1977 ex.s. c 174 s 3.] NOTES: Intent— RCW 4.24.330 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. [ 2008 c 276 s 307.] NOTES: Severability— RCW 4.24.340 Liability of merchants and other parties for creating a property crime database—Information 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. [ 2009 c 431 s 19.] NOTES: Applicability— RCW 4.24.345 Unlawfully summoning a law enforcement officer—Civil action. (1) A person may bring a civil action for damages against any person who knowingly causes a law enforcement officer to arrive at a location to contact another person with the intent to: (a) Infringe on the other person's rights under the Washington state or United States Constitutions; (b) Unlawfully discriminate against the other person; (c) Cause the other person to feel harassed, humiliated, or embarrassed; (d) Cause the other person to be expelled from a place in which the other person is lawfully located; or (e) Damage the other person's: (i) Reputation or standing in the community; or (ii) Financial, economic, consumer, or business prospects or interests. (2) A person shall not be held liable under subsection (1) of this section if the person acted in good faith in causing a law enforcement officer to arrive. (3) Upon prevailing in an action under this section, the plaintiff may recover: (a) The greater of: (i) Economic and noneconomic damages; or (ii) $250 against each defendant found liable under this section; and (b) Punitive damages. (4) The court may award reasonable attorneys' fees and costs to the prevailing plaintiff in an action under this section. (5) A civil action under this section: (a) May be maintained in a court of limited jurisdiction if the total damages claimed do not exceed the statutory limit for damages that the court of limited jurisdiction may award; and (b) Does not affect a right or remedy available under any other law of this state. [ 2021 c 330 s 1.] RCW 4.24.350 Actions for damages that are false, unfounded, malicious, without probable cause, or part of conspiracy—Action, claim, or counterclaim by judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution—Damages and costs—Attorneys' fees—Definitions. (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. [ 2001 c 253 s 1; 1997 c 206 s 1; 1984 c 133 s 2; 1977 ex.s. c 158 s 1.] NOTES: Legislative findings— RCW 4.24.355 Action by person removed from premises pursuant to RCW 9A.52.105—Damages, 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. [ 2017 c 284 s 3.] RCW 4.24.360 Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—Declared void and unenforceable—Exceptions. 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. [ 1979 ex.s. c 264 s 1.] RCW 4.24.370 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. [ 1979 ex.s. c 264 s 2.] RCW 4.24.380 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. [ 1979 ex.s. c 264 s 3.] RCW 4.24.400 Building warden assisting others to evacuate building or attempting to control hazard—Immunity 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 multiunit 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 a