Washington Code 4.24.060 – Application of common law
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The common law right to an action for damages done by fires, is not taken away or diminished by RCW 4.24.040, 4.24.050, and 4.24.060. However:
Terms Used In Washington Code 4.24.060
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Personal property: All property that is not real property.
(1) Any person availing himself or herself of the provisions of RCW 4.24.040 , shall be barred of his or her action at common law for the damage so sued for;
(2) No action shall be brought at common law for kindling fires in the manner described in RCW 4.24.050. However, if any such fires shall spread and do damage, the person who kindled the fire and any person present and concerned in driving the lumber, by whose act or neglect the fire is suffered to spread and do damage shall be liable in an action on the case for the amount of damages thereby sustained; and
(3) A civil action for property damage to public or private forested lands, including real and personal property on those lands, resulting from a fire that started on or spread from public or private forested lands may be brought only under RCW 76.04.760.
NOTES:
Authority of chapter—Application—2014 c 81: See notes following RCW 76.04.760.