H-1365.1                  _______________________________________________

                                                      HOUSE BILL 1947

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives Foreman, Appelwick, Ludwig, Padden, Rust, Tate, Quall, Cothern, L. Johnson, Schoesler, Morton, Sheahan, Anderson, Silver, Long, Chandler, Carlson, King, Mastin, Sehlin, Romero, Lisk, Reams, Ballard, Dellwo, Shin, Mielke, Van Luven, Dyer, Karahalios, Vance, Dorn, Brough, Horn and J. Kohl

Read first time 02/17/93.  Referred to Committee on Judiciary.

Releasing certain persons from liability for children's sports injuries.

          AN ACT Relating to releases from liability for sports injuries; amending RCW 4.24.010; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds that active participation by young people in athletic endeavors is an essential part of developing and maintaining good physical conditioning, healthy coordination skills, sound technical competence, and a strong sense of teamwork, discipline, perseverance, and sportsmanship, and that it is, therefore, in the best interest of the individual and the community to encourage and provide opportunities for young people to participate in recreational and competitive sports activities.

          The legislature further finds that persons and organizations which provide young people access to or instruction for athletic activities are often prohibited from doing so by high costs of insurance and by their inability to adequately and fairly protect themselves from litigation, and that many parents and their children are unable to take advantage of the athletic opportunities that would otherwise be available.

          The legislature hereby intends to provide parents the authority to contract with sports providers and to waive their cause of action and a child's cause of action for unintentional injuries incurred by the child while participating in a sports activity.

        Sec. 2.  RCW 4.24.010 and 1973 1st ex.s. c 154 s 4 are each amended to read as follows:

          The mother or father or both may maintain an action as plaintiff for the injury or death of a minor child, or a child on whom either, or both, are dependent for support:  PROVIDED, That in the case of an illegitimate child the father cannot maintain or join as a party an action unless paternity has been duly established and the father has regularly contributed to the child's support.

          This section creates only one cause of action, but if the parents of the child are not married, are separated, or not married to each other damages may be awarded to each plaintiff separately, as the court finds just and equitable.

          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 when the mother of an illegitimate child initiates an action, notice shall be required only if paternity has been duly established and the father has regularly contributed to the child's support.

          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.

          In such an action, in addition to damages for medical, hospital, medication expenses, and loss of services and support, damages may be recovered for the loss of love and companionship of the child and for injury to or destruction of the parent-child relationship in such amount as, under all the circumstances of the case, may be just.

A parent may release a person or organization which provides access or instruction for an athletic activity, including a public or private landowner, or one in possession and control of the land, from the parent's cause of action or a minor child's cause of action for the injury of the minor child caused by the unintentional act or omission of the person or organization if:  (1) The language of the release is sufficiently clear and conspicuous so as to give adequate notice that the provider is attempting to be released from liability for its unintentional acts; and (2) the unintentional act or omission does not fall greatly below that of ordinary negligence.

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