Revised Code of Washington

Wash. Rev. Code § 18.86.090 (2026)

Vicarious liability

✓ current as of May 2026

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A principal is not liable for an act, error, or omission by an agent of the principal arising out of an agency relationship:

(1) Unless the principal participated in or authorized the act, error, or omission; or

(2) Except to the extent that: (a) The principal benefited from the act, error, or omission; and (b) the court determines that it is highly probable that the claimant would be unable to enforce a judgment against the agent.

[ 2023 c 318 s 9; 2013 c 58 s 10; 1996 c 179 s 9.]

Notes:

Effective date—2023 c 318: See note following RCW 18.86.010.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2014–2022 · leading case: Webb v. Busey (W.D. Wash. 2022).

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Webb v. Busey (W.D. Wash. 2022). “The Court has reservations about 21 whether Plaintiff has adequately stated a claim under RCW 18.86.090 but does not reach this 22 claim because it does not have jurisdiction to rule on it.”

Thelma Kloster v. Schenectady Roberts (Wash. Ct. App. 2014). “The Klosters contend Adrian Palmer, a PRB agent, told them that the easement on Tract 2 served Lot 1, and that Roberts, as principal, is vicariously liable for PRB' s false representation. A principal is not liable, however, for any act, error, or omission by her real estate…”

Wgw Usa, Inc. & Tian Qing Guo v. Legacy Bellevue 530, Llc (Wash. Ct. App. 2015). “RCW 18.86.090, .100. These statutes depart from the common law of agency.”

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