Under Washington State laws, what are the requirements of the tort-claim filing statute when pursuing claims against local government? Here’s my point of view.
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SUING LOCAL GOVERNMENT — TORTIOUS CONDUCT OF LOCAL GOVERNMENT ENTITIES AND THEIR AGENTS
In Washington State, the process and requirements for individuals to initiate legal proceedings against local (as opposed to state) government entities or their subdivisions are dictated by RCW 4.96*, known as the “Actions Against Political Subdivisions, Municipal and Quasi-Municipal Corporations” statute — or, simply, the “local government tort claim filing statute.”
This legislation details the procedures for filing claims against political subdivisions and municipal bodies–such as counties, cities, towns, special districts, municipal corporations as defined in RCW 39.50.010*, quasi-municipal corporations, any joint municipal utility services authorities, any entities created by public agencies under RCW 39.34.030*, or public hospitals–ensuring that these actions are handled with transparency and fairness while safeguarding public entities from excessive legal challenges.
THE RELEVANT LAW — RCW 4.96.010
The relevant law states as follows:
RCW 4.96.010
Tortious conduct of local governmental entities—Liability for damages.
(1) All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation. Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages. The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.
(2) Unless the context clearly requires otherwise, for the purposes of this chapter, “local governmental entity” means a county, city, town, special district, municipal corporation as defined in RCW 39.50.010*, quasi-municipal corporation, any joint municipal utility services authority, any entity created by public agencies under RCW 39.34.030*, or public hospital.
(3) For the purposes of this chapter, “volunteer” is defined according to RCW 51.12.035*.
RCW 4.96.010* (emphasis added).
Presentment and filing requirements — RCW 4.96.020
The associated “Presentment and Filing” section (RCW 4.96.020*) outlines the following procedures for filing claims for damages against local governmental entities, their officers, employees, or volunteers acting in an official capacity, specifically in cases involving tortious conduct.
1. Applicability of the Law — RCW 4.96.020(1)-(2)*:
The provisions apply to all claims for damages against local governmental entities and their officials. The governing body of each entity must appoint an agent to receive claims for damages, and this agent’s identity and contact information must be recorded with the county auditor.
2. Claim Presentment — RCW 4.96.020(2)*:
Claims must be submitted to the designated agent within the applicable statute of limitations. Claims are considered presented when they are delivered in person or “received by the agent by regular mail, registered mail, or certified mail, with return receipt requested, to the agent or other person designated to accept delivery at the agent’s office.” Id. If a local government entity fails to meet these requirements, it forfeits the right to raise certain defenses.
3. Claim Form Requirements — RCW 4.96.020(3)(a)-(b)*:
Starting from July 26, 2009, claims must be filed using a standard tort claim form, which is available on the Department of Enterprise Services’ (Office of Risk Management) website, except as allowed under (c) of this subsection.. The form must include:
(a) The claimant’s name, contact information, and date of birth.
(b) A description of the incident, injury, and the circumstances surrounding it.
(c) Details such as the time and place of the incident, names of involved individuals, and the amount of damages claimed.
(d) The claimant’s current residence at the time the claim arose and when the claim is presented.
The claim must be signed by the claimant or their authorized representative.
4. Availability of Forms and Instructions — RCW 4.96.020(3)(c), (e)*:
Local entities are required to make the standard form and instructions available and the name, address, and business hours of the agent of the local governmental entity.
“If a local governmental entity chooses to also make available its own tort claim form in lieu of the standard tort claim form, the form:
(i) May require additional information beyond what is specified under this section, but the local governmental entity may not deny a claim because of the claimant’s failure to provide that additional information[.]
(ii) Must not require the claimant’s social security number; and
(iii) Must include instructions on how the form is to be presented and the name, address, and business hours of the agent of the local governmental entity appointed to receive the claim.
RCW 4.96.020(c)*. “Presenting either the standard tort claim form or the local government tort claim form satisfies the requirements of this chapter*.” RCW 4.96.020(e)* (hyperlink added).
5. Waiver for Incorrect Forms — RCW 4.96.020(3)(d)*:
If the local entity’s form does not comply with the requirements or lists the wrong agent, the entity waives any defense related to those issues, including improper claim presentation or missing information.
6. Damages Statement — RCW 4.96.020(3)(f)*:
The amount of damages specified on the claim form is not admissible at trial.
7. Waiting Period Before Filing Suit — RCW 4.96.020(4)*:
A claimant cannot file a lawsuit for tortious conduct against any local governmental entity, or against any local governmental entity’s officers, employees, or volunteers, acting in such capacity, until at least 60 calendar days after properly presenting the claim to the agent. During this 60-day period, the statute of limitations for filing a lawsuit is tolled (i.e., suspended). If a lawsuit is filed within five court days after this period, it is considered to have been filed on the first day after the 60-day waiting period.
8. Liberal Construction — RCW 4.96.020(5)*:
“With respect to the content of claims under this section and all procedural requirements in this section, this section must be liberally construed so that substantial compliance will be deemed satisfactory.” Id.
CONCLUSION
In Washington State, the local government tort-claim filing statute (i.e., RCW 4.96*) provides a structured process for filing tort claims against local governments in Washington State, with clear instructions regarding the necessary forms, deadlines, and requirements. It emphasizes a liberal approach to compliance to ensure that valid claims are not dismissed due to minor procedural issues.
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