Title 4 — Title 4 CIVIL PROCEDURE
29 chapters · 439 sections in this title.
RCW 4.24.005 Tort actions—Attorneys' fees—Determination of reasonableness.
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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 determ…
RCW 4.24.010 Action for injury or death of child.
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(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 …
RCW 4.24.020 Action by parent for seduction of child.
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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 …
RCW 4.24.040 Action for negligently permitting fire to spread.
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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, …
RCW 4.24.050 Kindling of fires by persons driving lumber.
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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, the…
RCW 4.24.060 Application of common law.
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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 …
RCW 4.24.070 Recovery of money lost at gambling.
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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…
RCW 4.24.080 Action to recover leased premises used for gambling.
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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, fo…
RCW 4.24.090 Validity of evidence of gambling debt.
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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 h…
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.
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(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, exca…
RCW 4.24.130 Action for change of name—Fees.
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(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 …
RCW 4.24.140 Action by another state to enforce tax liability.
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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 auth…
RCW 4.24.141 Action by another state to enforce tax liability—"Taxes" defined.
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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 impos…
RCW 4.24.150 Action for fines or forfeitures.
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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…
RCW 4.24.160 Action for penalty—Amount of recovery.
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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 offens…
RCW 4.24.170 Judgment for penalty or forfeiture—Effect of collusion.
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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 w…
RCW 4.24.180 Disposition of fines, fees, penalties and forfeitures—Venue.
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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…
RCW 4.24.190 Action against parent for willful injury to person or property by minor—Monetary limitation—Common law liability preserved.
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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 anothe…
RCW 4.24.200 Liability of owners or others in possession of land and water areas for injuries to recreation users—Purpose.
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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 per…
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.
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(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 ad…
RCW 4.24.220 Action for being detained on mercantile establishment premises for investigation—"Reasonable grounds" as defense.
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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…
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.
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(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,…
RCW 4.24.235 Physicians—Immunity from liability regarding safety belts.
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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 bel…
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.
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(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, ch…
RCW 4.24.250 Health care provider filing charges or presenting evidence—Immunity—Information sharing.
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(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 committ…
RCW 4.24.260 Health professionals making reports, filing charges, or presenting evidence—Immunity.
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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 w…
RCW 4.24.264 Boards of directors or officers of nonprofit corporations—Liability—Limitations.
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(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 dir…
RCW 4.24.290 Action for damages based on professional negligence of hospitals or members of healing arts—Standard of proof—Evidence—Exception.
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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 a…
RCW 4.24.300 Immunity from liability for certain types of medical care.
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(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…
RCW 4.24.310 Persons rendering emergency care or transportation—Definitions.
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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; pa…
RCW 4.24.311 Immunity from liability for certain care or assistance at scene of emergency or disaster.
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(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 t…
RCW 4.24.314 Person causing hazardous materials incident—Responsibility for incident clean-up—Liability.
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(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 achie…
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.
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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 co…
RCW 4.24.330 Action for damages caused by criminal street gang tagging and graffiti.
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(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…
RCW 4.24.340 Liability of merchants and other parties for creating a property crime database—Information sharing.
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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 penaltie…
RCW 4.24.345 Unlawfully summoning a law enforcement officer—Civil action.
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(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 Constitut…
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.
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(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…
RCW 4.24.355 Action by person removed from premises pursuant to RCW 9A.52.105—Damages, costs, attorneys' fees.
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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 28…
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.
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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 b…
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.
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"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, develop…
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.
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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.
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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 …
RCW 4.24.404 Removal of vulnerable person or domestic animal from motor vehicle—Definitions.
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The definitions in this section apply throughout RCW 4.24.406 unless the context clearly requires otherwise.(1) "Domestic animal" means a dog, cat, or other animal that is domesticated and may be kept as a household pet. The term does not include livestock or other farm animals.(…
RCW 4.24.406 Removal of vulnerable person or domestic animal from motor vehicle—Civil liability for vehicle damage.
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A person who enters a motor vehicle, by force or otherwise, for the purpose of removing a vulnerable person or domestic animal is immune from civil liability for damage to the motor vehicle if the person:(1) Determines the motor vehicle is locked or there is otherwise no reasonab…
RCW 4.24.410 Police dogs—Immunity.
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(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 marsh…
RCW 4.24.420 Action by person committing a felony—Defense—Law enforcement activities—Actions under 42 U.S.C. Sec. 1983.
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(1) Except in an action arising out of law enforcement activities resulting in personal injury or death, 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 tim…
RCW 4.24.430 Actions by persons serving criminal sentence—Waiver of filing fees—Effect of previous claims dismissed on grounds claim was frivolous or malicious.
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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…
RCW 4.24.450 Liability of operators for nuclear incidents—Definitions.
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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 los…
RCW 4.24.460 Liability of operators for nuclear incidents—Presumption of operator negligence—Rebuttal—Recovery for negligence or against other parties not limited by section.
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(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 respo…
RCW 4.24.470 Liability of officials and members of governing body of public agency—Definitions.
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(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 pub…