S-3851               _______________________________________________

                                                   SENATE BILL NO. 4775

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Goltz, Newhouse, Guess, Peterson and Vognild

Read first time 1/22/86 and referred to Committee on Judiciary.

AN ACT Relating to tort liability; amending RCW 4.22.005; and adding a new section to chapter 4.24 RCW.

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

        Sec. 1.  Section 8, chapter 27, Laws of 1981 and RCW 4.22.005 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, in an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery.  This rule applies whether or not under prior law the claimant's contributory fault constituted a defense or was disregarded under applicable legal doctrines, such as last clear chance.

(2) In an action based on fault seeking to recover damages for injury or death to person or harm to property resulting from the ownership or operation of a motor vehicle, a claimant shall be barred from recovery if the fault chargeable to the claimant exceeds fifty percent.  For purposes of this subsection, a person who is guilty of being under the influence of intoxicating liquor under RCW 46.61.502 shall be considered to be at fault in excess of fifty percent.

NEW SECTION. Sec. 2.  A new section is added to chapter 4.24 RCW to read as follows:

          No person is liable for civil damages for injury to or death of a person who is injured or killed while in the process of committing a felony.