BILL REQ. #:  S-4242.1 

Read first time 01/16/08.   Referred to Committee on Transportation.

     AN ACT Relating to the liability of persons rescued from flood waters on roadways; and adding a new section to chapter 46.61 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.61 RCW to read as follows:
     (1) A person is liable for the cost incurred by the state, local municipality, or public agency that rescues that person from flood waters on a roadway if:
     (a) The rescue was necessary because the person who was rescued intentionally ignored warning signs; and
     (b) By the person obeying warning signs, the need for the rescue would have been avoided.
     (2) A person shall not be liable for the costs associated with his or her rescue if:
     (a) His or her failure to heed the warning signs was due to an emergency; or
     (b) Under the circumstances, a reasonable person would have ignored the warning signs.