H-0408.1

SUBSTITUTE HOUSE BILL 1341

ByHouse Civil Rights & Judiciary (originally sponsored by Representatives Bronoske, Walen, and Berry)

AN ACT Relating to the professional rescue doctrine; and adding a new section to chapter 4.24 RCW.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 4.24 RCW to read as follows:

(1) The common law doctrine known as the professional rescue doctrine that precludes a professional rescuer from recovering damages for injuries arising from the normal, inherent, and foreseeable risks of his or her profession is abolished.

(2) In addition to any other right of action or recovery otherwise available under law, whenever any professional rescuer, who previously would have been precluded by the professional rescue doctrine from recovering damages, suffers any injury, disease, or death while in the lawful discharge of his or her official duties and that injury, disease, or death is directly or indirectly the result of the neglect, willful omission, or willful or wanton conduct of any person or entity, other than that employee, the employee, or in the case of death, a representative of that employee's estate, may seek recovery and damages from the person or entity whose neglect, willful omission, or willful or wanton conduct resulted in that injury, disease, or death.

(3) For purposes of this section, "professional rescuer" includes law enforcement officers, firefighters, employees performing wildfire suppression, and emergency medical services personnel.

(4) Nothing in this section creates a cause of action that is otherwise barred by any other statutory provision.

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