BILL REQ. #: H-0692.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/02/11. Referred to Committee on Judiciary.
AN ACT Relating to joint and several liability; and amending RCW 4.22.070.
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)) who have entered into a release,
covenant not to sue, covenant not to enforce judgment, or similar
agreement with 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 entities who have ((been released by))
entered into a release, covenant not to sue, covenant not to enforce
judgment, or similar agreement with 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 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.
(a)
(((b) 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] total damages.))
(2) If a defendant is jointly and severally liable under ((one of))
the exception((s)) listed in subsection((s)) (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)(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.