HOUSE BILL REPORT

HB 2630

BYRepresentatives 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 REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 1, 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.  Professional rescuers injured in a rescue receive workers' compensation.

SUMMARY:

SUBSTITUTE BILL: The professional rescuers doctrine is abrogated.  Injured professional rescuers may recover under traditional tort principles from a person who negligently created the situation necessitating the rescue.  Title 51 RCW remains unaltered.  Workers may not recover from employers or co-employees for negligence.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The abrogation of the professional rescuers doctrine expressly does not alter the statutory scheme of workers' compensation, Title 51 RCW.

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.