Revised Code of Washington
Chapter 4.92 - Actions and Claims Against State.
4.92.180 - State, local governments not liable for injury to unauthorized third-party occupant of state or local government vehicle.

RCW 4.92.180
State, local governments not liable for injury to unauthorized third-party occupant of state or local government vehicle.

(1) The state and local governments are not liable for any injury received by a third-party occupant of a vehicle that is owned, leased, or rented by the state or local government if, at the time the injuries were inflicted, the third-party occupant was:
(a) Riding in or on the vehicle with a state or local government employee who had explicitly acknowledged in writing the employer's policy on use of vehicles owned, leased, or rented by the state or local government; and
(b) Not specifically and expressly authorized by the state or local government to be an occupant of the vehicle.
(2) For purposes of this section, "third-party occupant" means a person who occupies a vehicle owned, leased, or rented by the state or local government and who is not an officer, employee, or agent of the state or local government. "Local government" includes any city, county, or other subdivision of the state and any municipal corporation, quasi-municipal corporation, or special district within the state.

[ 2011 c 82 § 2.]
NOTES:

Intent—2011 c 82: "The legislature intends to overrule the state supreme court's holding in Rahman v. State, No. 83428-8 (January 20, 2011), by modifying the application of the common law doctrine of respondeat superior." [ 2011 c 82 § 1.]


Application—2011 c 82: "This act applies to all causes of action accruing on or after July 22, 2011." [ 2011 c 82 § 4.]

Structure Revised Code of Washington

Revised Code of Washington

Title 4 - Civil Procedure

Chapter 4.92 - Actions and Claims Against State.

4.92.005 - "Volunteer"—Definition.

4.92.006 - Definitions.

4.92.010 - Where brought—Change of venue.

4.92.020 - Service of summons and complaint.

4.92.030 - Duties of attorney general—Procedure.

4.92.040 - Judgments—Claims to legislature against state—Payment procedure—Inapplicability to judgments and claims against housing finance commission.

4.92.050 - Limitations.

4.92.060 - Action against state officers, employees, volunteers, or foster parents—Request for defense.

4.92.070 - Actions against state officers, employees, volunteers, or foster parents—Defense by attorney general—Legal expenses.

4.92.075 - Action against state officers, employees, or volunteers—Judgment satisfied by state.

4.92.080 - Bond not required of state.

4.92.090 - Tortious conduct of state—Liability for damages.

4.92.100 - Tortious conduct of state or its agents—Claims—Presentment and filing—Contents.

4.92.110 - Tortious conduct of state or its agents—Presentment and filing of claim prerequisite to suit.

4.92.120 - Tortious conduct of state—Assignment of claims.

4.92.130 - Tortious conduct of state—Liability account—Purpose.

4.92.150 - Compromise and settlement of claims by attorney general.

4.92.160 - Payment of claims and judgments.

4.92.175 - Action against state patrol officers in private law enforcement off-duty employment—Immunity of state—Notice to employer.

4.92.180 - State, local governments not liable for injury to unauthorized third-party occupant of state or local government vehicle.

4.92.200 - Actions against state on state warrant appearing to be redeemed—Claim required—Time limitation.

4.92.210 - Risk management—Review of claims—Settlements.

4.92.220 - Risk management administration account.

4.92.240 - Rules.

4.92.250 - Risk management—Risk manager may delegate powers and duties.

4.92.260 - Construction.

4.92.270 - Risk management—Standard indemnification agreements.

4.92.280 - Local government reimbursement claims.