State of Washington | 58th Legislature | 2004 Regular Session |
READ FIRST TIME 03/03/03.
AN ACT Relating to parties liable for damages in actions under chapter 7.70 RCW; and amending RCW 4.22.070, 70.105.112, and 7.70.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 4.22.070 and 1993 c 496 s 1 are each amended to read
as follows:
(1) In all actions involving fault of more than one entity, the
trier of fact shall determine the percentage of the total fault which
is attributable to every entity which caused the claimant's damages
except entities immune from liability to the claimant under Title 51
RCW. The sum of the percentages of the total fault attributed to at-fault entities shall equal one hundred percent. The entities whose
fault shall be determined include the claimant or person suffering
personal injury or incurring property damage, defendants, third-party
defendants, entities released by the claimant, entities with any other
individual defense against the claimant, and entities immune from
liability to the claimant, but shall not include those entities immune
from liability to the claimant under Title 51 RCW. Judgment shall be
entered against each defendant except those who have been released by
the claimant or are immune from liability to the claimant or have
prevailed on any other individual defense against the claimant in an
amount which represents that party's proportionate share of the
claimant's total damages. The liability of each defendant shall be
several only and shall not be joint except:
(a) A party shall be responsible for the fault of another person or
for payment of the proportionate share of another party where both were
acting in concert or when a person was acting as an agent or servant of
the party.
(b)(i) Except as provided in (b)(ii) of this subsection, if the
trier of fact determines that the claimant or party suffering bodily
injury or incurring property damages was not at fault, the defendants
against whom judgment is entered shall be jointly and severally liable
for the sum of their proportionate shares of the ((claimants
[claimant's])) claimant's total damages.
(ii) Subsection (b)(i) of this subsection does not apply to health
care providers as defined in RCW 7.70.020, in all cases governed by
chapter 7.70 RCW with respect to judgments for noneconomic damages. In
all cases governed by chapter 7.70 RCW, the liability of health care
providers for noneconomic damages is several only. For the purposes of
this section, "noneconomic damages" has the meaning given in RCW
4.56.250.
(2) In all actions for damages under chapter 7.70 RCW, the entities
to whom fault may be attributed shall be limited to the claimants,
defendants, and third-party defendants who are parties to the action
any entities released by the claimant, and entities immune from
liability to the claimant.
(3) If a defendant is jointly and severally liable under one of the
exceptions listed in subsections (1)(a) or (1)(b) of this section, such
defendant's rights to contribution against another jointly and
severally liable defendant, and the effect of settlement by either such
defendant, shall be determined under RCW 4.22.040, 4.22.050, and
4.22.060.
(((3))) (4)(a) Nothing in this section affects any cause of action
relating to hazardous wastes or substances or solid waste disposal
sites.
(b) Nothing in this section shall affect a cause of action arising
from the tortious interference with contracts or business relations.
(c) Nothing in this section shall affect any cause of action
arising from the manufacture or marketing of a fungible product in a
generic form which contains no clearly identifiable shape, color, or
marking.
Sec. 2 RCW 70.105.112 and 1987 c 528 s 9 are each amended to read
as follows:
This chapter does not apply to special incinerator ash regulated
under chapter 70.138 RCW except that, for purposes of RCW
4.22.070(((3))) (4)(a), special incinerator ash shall be considered
hazardous waste.
Sec. 3 RCW 7.70.080 and 1975-'76 2nd ex.s. c 56 s 13 are each
amended to read as follows:
Any party may present evidence to the trier of fact that the
((patient)) plaintiff has already been compensated for the injury
complained of from any source except the assets of the ((patient, his))
plaintiff, the plaintiff's representative, or ((his)) the plaintiff's
immediate family((, or insurance purchased with such assets)). In the
event such evidence is admitted, the plaintiff may present evidence of
an obligation to repay such compensation and evidence of any amount
paid by the plaintiff, or his or her representative or immediate
family, to secure the right to the compensation. ((Insurance bargained
for or provided on behalf of an employee shall be considered insurance
purchased with the assets of the employee.)) Compensation as used in
this section shall mean payment of money or other property to or on
behalf of the patient, rendering of services to the patient free of
charge to the patient, or indemnification of expenses incurred by or on
behalf of the patient. Notwithstanding this section, evidence of
compensation by a defendant health care provider may be offered only by
that provider.