Wash. Rev. Code » Title 4 · Chapter 4.22
Revised Code of Washington

Wash. Rev. Code § 4.22.020 (2026)

✓ current as of May 2026
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The contributory fault of one spouse or one domestic partner shall not be imputed to the other spouse or other domestic partner or the minor child of the spouse or domestic partner to diminish recovery in an action by the other spouse or other domestic partner or the minor child of the spouse or other domestic partner, or his or her legal representative, to recover damages caused by fault resulting in death or in injury to the person or property, whether separate or community, of the spouse or domestic partner. In an action brought for wrongful death or loss of consortium, the contributory fault of the decedent or injured person shall be imputed to the claimant in that action.
[ 2008 c 6 s 401; 1987 c 212 s 801; 1981 c 27 s 10; 1973 1st ex.s. c 138 s 2.]

Notes:

Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Wrongful death actions: Chapter 4.20 RCW.
Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1983–2026 · leading case: Vasey v. Snohomish Cnty., 721 P.2d 524 (Wash. Ct. App. 1986).
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Vasey v. Snohomish Cnty., 721 P.2d 524 (Wash. Ct. App. 1986). · cites it 19× “The County also argues that RCW 4.22.020, which deals with imputation of contributory fault, is unconstitutional because it violates article 1, section 12; article 2, section 37; and article 2, section 19 of the state constitution.”
Christie v. Maxwell, 696 P.2d 1256 (Wash. Ct. App. 1985). · cites it 4× “Christie has appealed from the reduction of her consortium award, arguing even though the action could be defined as derivative, RCW 4.22.020 1 bars imputing the negligence of one spouse to the other spouse.”
Ginochio v. Hesston Corp., 733 P.2d 551 (Wash. Ct. App. 1987). · cites it 7× “Included as section 10 of the tort and product liability reform act of 1981, codified at RCW 4.22.020, was the following amendment: The contributory fault of one spouse shall not be imputed to the other spouse or the minor child of the spouse to diminish recovery in an action by…”
Lippard v. Houdaille Indus., Inc., 715 S.W.2d 491 (Mo. 1986). · cites it 2× “72 (1983). [22] California Primary Election June 17, 1986.”
Anderson v. Akzo Nobel Coatings, Inc., 260 P.3d 857 (Wash. 2011). “, RCW 4.22.020 (negligence of the parent may not be imputed to the child).”
Woodall v. Avalon Care Ctr.-Fed. Way, 231 P.3d 1252 (Wash. Ct. App. 2010). “[67] There, Division Three of this court concluded that the 1981 version of former RCW 4.22.020 required a trial court to reduce the award for a wrongful death claim by the decedent's contributory fault.”
Woodall v. Avalon Care Ctr.—Fed. Way, LLC, 155 Wash. App. 919 (Wash. Ct. App. 2010). “67 There, Division Three of this court concluded that the 1981 *933 version of former RCW 4.22.020 required a trial court to reduce the award for a wrongful death claim by the decedent’s contributory fault.”
Sabey v. Howard Johnson Co., 5 P.3d 730 (Wash. Ct. App. 2000). “[51] In a footnote, the court added, "In view of the Gundersons' `innocence' as found by the trial court, this result would not be changed by RCW 4.22.020 (right of contribution among tortfeasors; common law indemnity abolished).”
Scott v. Cascade Structures, 673 P.2d 179 (Wash. 1983). “sess. and RCW 4.22.010. The provisions of the act all relate to tort actions, with a special emphasis on the issue of products liability.”
Grange Ins. v. Hubbard, 667 P.2d 121 (Wash. Ct. App. 1983). “2d 613 (1964); RCW 4.22.020. It further contends that unlike Brummett , here the deceased child was not an insured and therefore the parent should not be allowed to recover in a derivative action.”
Cornejo v. State, 788 P.2d 554 (Wash. Ct. App. 1990). “Cornejo's contributory negligence also must reduce the spouse's and children's damages, see RCW 4.22.020, we see no prejudice in failing to itemize the damages.”
Percival v. Gen. Elec. Co., 708 F. Supp. 2d 1171 (W.D. Wash. 2010). “The Washington State Court of Appeals, however, has held that only family members enumerated in Washington’s wrongful death statute, RCW 4.22.020, can bring bystander claims for negligent infliction of emotional distress.”
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