RCW 11.114.170
Liability to third persons.
(1) A claim based on:
(a) A contract entered into by a custodian acting in a custodial capacity;
(b) An obligation arising from the ownership or control of custodial property;
(c) A tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor; or
(d) A noncontractual obligation, including obligations in tort, is collectible from the custodial property only if:
(i) The obligation was a common incident of the kind of business activity in which the custodian or the custodian's predecessor was properly engaged for the custodianship;
(ii) Neither the custodian nor the custodian's predecessor, nor any officer or employee of the custodian or the custodian's predecessor was personally at fault in incurring the obligation; or
(iii) Although the obligation did not fall within (d)(i) or (ii) of this subsection, the incident that gave rise to the obligation increased the value of the custodial property.
If the obligation is within (d)(i) or (ii) or [of] this subsection, collection may be had of the full amount of damage proved. If the obligation is within (d)(iii) of this subsection, collection may be had only to the extent of the increase in the value of the trust property.
(2) A custodian is not personally liable:
(a) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity. The addition of the words "custodian" or "as custodian" after the signature of a custodian is adequate revelation of this capacity; or
(b) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodial property is not liable for the obligation under *(b) of this subsection and unless the custodian is personally at fault.
(3) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
[ 1991 c 193 § 17.]
NOTES:
*Reviser's note: The reference to (b) of this subsection appears erroneous. Reference to subsection (1)(b) of this section was apparently intended.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.114 - Uniform Transfers to Minors Act.
11.114.020 - Scope and jurisdiction.
11.114.030 - Nomination of custodian—Designation of custodian by representative or specified person.
11.114.040 - Transfer by gift or exercise of power of appointment.
11.114.050 - Transfer authorized by will or trust.
11.114.060 - Other transfer by fiduciary.
11.114.070 - Transfer by obligor.
11.114.080 - Receipt for custodial property.
11.114.090 - Form and manner of creating custodial property and effecting transfer.
11.114.100 - Single custodianship.
11.114.110 - Validity and effect of transfer.
11.114.120 - Care of custodial property.
11.114.130 - Powers of custodian.
11.114.140 - Use of custodial property.
11.114.150 - Custodian's expenses, compensation, and bond.
11.114.160 - Exemption of third person from liability.
11.114.170 - Liability to third persons.
11.114.190 - Accounting by and determination of liability of custodian.
11.114.200 - Termination of custodianship—Extension.
11.114.220 - Effect on existing custodianships.
11.114.230 - Uniformity of application and construction.