RCW 4.24.010
Action for injury or death of child.
(1) A parent or legal guardian who has regularly contributed to the support of his or her minor child, and a parent or legal guardian who has had significant involvement in the life of an adult child, may maintain or join as a party an action as plaintiff for the injury or death of the child. For purposes of this section, "significant involvement" means demonstrated support of an emotional, psychological, or financial nature within the parent-child relationship, at or reasonably near the time of death, or at or reasonably near the time of the incident causing death, including either giving or receiving emotional, psychological, or financial support to or from the child.
(2) In addition to recovering damages for the child's health care expenses, loss of the child's services, loss of the child's financial support, and other economic losses, damages may be also recovered under this section for the loss of love and companionship of the child, loss of the child's emotional support, and for injury to or destruction of the parent-child relationship, in such amounts as determined by a trier of fact to be just under all the circumstances of the case.
(3) An action may be maintained by a parent or legal guardian under this section, regardless of whether or not the child has attained the age of majority, only if the child has no spouse, state registered domestic partner, or children.
(4) Each parent is entitled to recover for his or her own loss separately from the other parent regardless of marital status, even though this section creates only one cause of action.
(5) If one parent brings an action under this section and the other parent is not named as a plaintiff, notice of the institution of the suit, together with a copy of the complaint, shall be served upon the other parent: PROVIDED, That notice shall be required only if parentage has been duly established.
Such notice shall be in compliance with the statutory requirements for a summons. Such notice shall state that the other parent must join as a party to the suit within twenty days or the right to recover damages under this section shall be barred. Failure of the other parent to timely appear shall bar such parent's action to recover any part of an award made to the party instituting the suit.
[ 2019 c 159 § 5; 1998 c 237 § 2; 1973 1st ex.s. c 154 § 4; 1967 ex.s. c 81 § 1; 1927 c 191 § 1; Code 1881 § 9; 1877 p 5 § 9; 1873 p 5 § 10; 1869 p 4 § 9; RRS § 184.]
NOTES:
Retroactive application—2019 c 159: See note following RCW 4.20.010.
Intent—1998 c 237: "It is the intent of this act to address the constitutional issue of equal protection addressed by the Washington state supreme court in Guard v. Jackson, 132 Wn.2d 660 (1997). The legislature intends to provide a civil cause of action for wrongful injury or death of a minor child to a mother or father, or both, if the mother or father has had significant involvement in the child's life, including but not limited to, emotional, psychological, or financial support." [ 1998 c 237 § 1.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Structure Revised Code of Washington
Chapter 4.24 - Special Rights of Action and Special Immunities.
4.24.005 - Tort actions—Attorneys' fees—Determination of reasonableness.
4.24.010 - Action for injury or death of child.
4.24.020 - Action by parent for seduction of child.
4.24.040 - Action for negligently permitting fire to spread.
4.24.050 - Kindling of fires by persons driving lumber.
4.24.060 - Application of common law.
4.24.070 - Recovery of money lost at gambling.
4.24.080 - Action to recover leased premises used for gambling.
4.24.090 - Validity of evidence of gambling debt.
4.24.130 - Action for change of name—Fees.
4.24.140 - Action by another state to enforce tax liability.
4.24.141 - Action by another state to enforce tax liability—"Taxes" defined.
4.24.150 - Action for fines or forfeitures.
4.24.160 - Action for penalty—Amount of recovery.
4.24.170 - Judgment for penalty or forfeiture—Effect of collusion.
4.24.180 - Disposition of fines, fees, penalties and forfeitures—Venue.
4.24.235 - Physicians—Immunity from liability regarding safety belts.
4.24.250 - Health care provider filing charges or presenting evidence—Immunity—Information sharing.
4.24.260 - Health professionals making reports, filing charges, or presenting evidence—Immunity.
4.24.264 - Boards of directors or officers of nonprofit corporations—Liability—Limitations.
4.24.300 - Immunity from liability for certain types of medical care.
4.24.310 - Persons rendering emergency care or transportation—Definitions.
4.24.311 - Immunity from liability for certain care or assistance at scene of emergency or disaster.
4.24.330 - Action for damages caused by criminal street gang tagging and graffiti.
4.24.345 - Unlawfully summoning a law enforcement officer—Civil action.
4.24.410 - Dog handler using dog in line of duty—Immunity.
4.24.450 - Liability of operators for nuclear incidents—Definitions.
4.24.470 - Liability of officials and members of governing body of public agency—Definitions.
4.24.490 - Indemnification of state employees.
4.24.500 - Good faith communication to government agency—Legislative findings—Purpose.
4.24.530 - Limitations on liability for equine activities—Definitions.
4.24.540 - Limitations on liability for equine activities—Exceptions.
4.24.545 - Electronic monitoring or 24/7 sobriety program participation—Limitation on liability.
4.24.550 - Sex offenders and kidnapping offenders—Release of information to public—Website.
4.24.5501 - Sex offenders—Model policy—Work group.
4.24.551 - Law enforcement response to secure community transition facility—Limitation on liability.
4.24.555 - Release of information not restricted by pending appeal, petition, or writ.
4.24.560 - Defense to action for injury caused by indoor air pollutants.
4.24.570 - Acts against animals in research or educational facilities.
4.24.575 - Acts against animals kept for agricultural or veterinary purposes.
4.24.580 - Acts against animal facilities—Injunction.
4.24.590 - Liability of foster parents.
4.24.601 - Hazards to the public—Information—Legislative findings, policy, intent.
4.24.630 - Liability for damage to land and property—Damages—Costs—Attorneys' fees—Exceptions.
4.24.640 - Firearm safety program liability.
4.24.660 - Liability of school districts under contracts with youth programs.
4.24.670 - Liability of volunteers of nonprofit or governmental entities.
4.24.680 - Unlawful release of court and law enforcement employee information—Exception.
4.24.710 - Outdoor music festival, campground—Detention.
4.24.720 - Liability immunity—Amber alerts.
4.24.730 - Liability immunity—Disclosure of employee information to prospective employer.
4.24.740 - Liability immunity—Bovine handling activities.
4.24.790 - Electronic impersonation—Action for invasion of privacy.
4.24.800 - Liability immunity—Charitable donation of eyeglasses or hearing instruments.
4.24.820 - Nonrecognition of foreign order—Incompatibility with public policy.
4.24.830 - Agritourism—Definitions.
4.24.832 - Agritourism—Immunity.
4.24.835 - Agritourism—Warning notice.
4.24.850 - Action by victim of false reporting—Liability to a public agency.
4.24.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.