BILL REQ. #: H-1206.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/31/11. Referred to Committee on Judiciary.
AN ACT Relating to limiting liability for unauthorized passengers in a vehicle; adding a new section to chapter 4.92 RCW; adding a new section to chapter 4.24 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature does not agree with or
accept the state supreme court's decision in Rahman v. State, Docket
No. 83428-8 (January 20, 2011) and finds it is necessary to add
language to chapter 4.92 RCW in order to overrule the decision in
Rahman v. State and make the intent of the legislature as clear as
possible. The legislature intends to restore common sense to the law
by overruling the courts' holding in Rahman v. State that a government
or private employer may be held liable for injuries to unauthorized
occupants of the employer's vehicles.
NEW SECTION. Sec. 2 A new section is added to chapter 4.92 RCW
to read as follows:
(1) The state and political subdivisions of the state are not
liable for any injury received by a third-party occupant of a vehicle
that is owned, leased, rented, or otherwise used by or for the benefit
of the state or the political subdivision if, at the time the injuries
were inflicted, the third-party occupant was not specifically and
expressly authorized by the state or political subdivision to be an
occupant of the vehicle.
(2) For purposes of this section, "third-party occupant" means a
person who occupies a vehicle owned, leased, rented, or otherwise used
by or for the benefit of the state or political subdivision and who is
not an officer, employee, or agent of the state or political
subdivision.
(3) This section is remedial and retroactive, and applies to all
causes of action occurring before the effective date of this section
where a final judgment has not been entered, and to all causes of
action occurring on or after the effective date of this section.
NEW SECTION. Sec. 3 A new section is added to chapter 4.24 RCW
to read as follows:
(1) A private employer is not liable for any injury received by a
third-party occupant of a vehicle that is owned, leased, rented, or
otherwise used by or for the benefit of the employer if, at the time
the injuries were inflicted, the third-party occupant was not:
(a) Specifically and expressly authorized by the employer to be an
occupant of the vehicle; or
(b) Acting on behalf of, or for the benefit of, the employer with
the knowledge or implied approval or acquiescence of the employer.
(2) For purposes of this section, "third-party occupant" means a
person who occupies a vehicle owned, leased, rented, or otherwise used
by or for the benefit of the private employer and who is not an
officer, employee, or agent, or authorized or constructive invitee of
the private employer.
(3) This section is remedial and retroactive, and applies to all
causes of action occurring before the effective date of this section
where a final judgment has not been entered, and to all causes of
action occurring on or after the effective date of this section.