(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:

Terms Used In Washington Code 4.92.180

  • 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.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
(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.

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.]
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