HOUSE BILL REPORT

ESHB 2630

BYHouse Committee on Judiciary (originally sponsored by Representatives Jesernig, R. Meyers, Ballard, Hargrove, Padden, H. Myers, Moyer, Rayburn, D. Sommers, Wineberry, Hankins, Inslee, Dorn, G. Fisher, R. Fisher, R. King, Appelwick, Vekich, Sprenkle, Wang, Crane, Grant, Rasmussen, Zellinsky, McLean, Baugher, Kremen, Walker, Wood, Rector, Cooper, Dellwo, Sayan, Gallagher, Schmidt, Peery, Fraser, Basich, Prentice, Leonard, Pruitt, Scott, Phillips, Winsley, Betrozoff, Jones, Ebersole, Brekke, Morris, Braddock, Todd, Spanel and Anderson)

Abrogating the professional rescuer doctrine.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Dellwo, Hargrove, Inslee, P. King, R. Meyers, H. Myers, Scott and Wineberry.

Minority Report:  Do not pass.  (6)

      Signed by Representatives Padden, Ranking Republican Member; Forner, Moyer, Schmidt, D. Sommers and Tate.

House Staff:Kristen Lichtenberg (786-7623)

                  Bill Perry (786-7123)

AS PASSED HOUSE FEBRUARY 13, 1990

BACKGROUND:

Under the common-law professional rescuers doctrine, police officers and fire fighters injured during a rescue cannot recover in tort from a person who negligently created the situation necessitating the rescue, if the danger is typical of those involved in the rescue operation.  Some police and fire fighting personnel are covered by workers' compensation laws that prohibit them from suing their employers or co-employees for negligent acts.

SUMMARY:

The professional rescuers doctrine is inapplicable to negligence that causes injury to a rescuer when the negligence is subsequent to and independent of any negligence that gave rise to the need for the rescue.  No change is made in the application of the workers compensation law.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Debra Walker, Tacoma Police Department; Gene Godderis, Tacoma Police Department Attorney;  Charlie Marsh; State Council of Police Officers.

House Committee - Testified Against:      Basil Badley, American Insurance Association; Andrea Dahl, Association of Washington Cities.

House Committee - Testimony For:    Professional rescuers should be allowed to recover in tort just as an ordinary citizen could.  The workers compensation plan, which prohibits employees from suing employers for negligence, should remain unaltered.

House Committee - Testimony Against:      Abrogation of the professional rescuers doctrine would create excessive liability and make it difficult for insurers to set rates.  Injured professional rescuers already receive workers' compensation.