Wash. Rev. Code » Title 80 · Chapter 80.04
Revised Code of Washington

Wash. Rev. Code § 80.04.440 (2026)

Companies liable for damages

✓ current as of May 2026
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In case any public service company shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done, either by any law of this state, by this title or by any order or rule of the commission, such public service company shall be liable to the persons or corporations affected thereby for all loss, damage or injury caused thereby or resulting therefrom, and in case of recovery if the court shall find that such act or omission was wilful, it may, in its discretion, fix a reasonable counsel or attorney's fee, which shall be taxed and collected as part of the costs in the case. An action to recover for such loss, damage or injury may be brought in any court of competent jurisdiction by any person or corporation.
[ 1961 c 14 s 80.04.440. Prior: 1911 c 117 s 102; RRS s 10451.]
Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1981–2024 · leading case: Nat'l Union Ins. v. Puget Sound Power & Light, 972 P.2d 481 (Wash. Ct. App. 1999).
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Nat'l Union Ins. v. Puget Sound Power & Light, 972 P.2d 481 (Wash. Ct. App. 1999). · cites it 14× “And, according to National Union, Puget Power's interpretation conflicts with RCW 80.04.440, which holds electric companies liable "to the persons or corporations affected thereby for all loss, damage or injury" caused by actions contrary to state law or regulation, and RCW 80.”
Tanner Elec. Coop. v. Puget Sound Power & Light, 911 P.2d 1301 (Wash. 1996). · cites it 6× “RCW 80.04.440 provides: In case any public service company shall do, cause to be *684 done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done, either by any law of this…”
Employco Pers. Servs., Inc. v. City of Seattle, 817 P.2d 1373 (Wash. 1991). · cites it 4× “They conclude that RCW 80.04.440 merely preserves rights that existed at common law and does not create a new cause of action or remedy; that RCW 19.”
Fisk v. City of Kirkland, 164 Wash. 2d 891 (Wash. 2008). · cites it 7× “shall omit to do any act, matter or thing required to be done, either by any law of this state, by this title or by any order or rule of the commission, such public service company shall be liable to the persons or corporations affected thereby for all loss, damage or injury…”
Fisk v. City of Kirkland, 194 P.3d 984 (Wash. 2008). · cites it 7× “shall omit to do any act, matter or thing required to be done, either by any law of this state, by this title or by any order or rule of the commission, such public service company shall be liable to the persons or corporations affected thereby for all loss, damage or injury…”
Jeffrey K. Markoff v. Puget Sound Energy, Inc., 447 P.3d 577 (Wash. Ct. App. 2019). · cites it 11× “The court also accepted PSE's reasoning that the pertinent section of the public utility statute, RCW 80.04.440, did not create an independent cause of action or revive causes of action otherwise barred by an affirmative defense such as the professional rescuer doctrine.”
Kershaw Sunnyside Ranches, Inc. v. Yakima Interurban Lines Ass'n, 91 P.3d 104 (Wash. Ct. App. 2004). · cites it 6× “§ 1983 , RCW 80.04.440, and Article I, Section 16 of the Washington Constitution.”
Kershaw Sunnyside Ranches, Inc. v. Yakima Interurban Lines Ass'n, 121 Wash. App. 714 (Wash. Ct. App. 2004). · cites it 6× “§ 1983 , RCW 80.04.440, and article I, section 16 of the Washington Constitution.”
Lane v. City of Seattle, 194 P.3d 977 (Wash. 2008). · cites it 4× “¶ 22 Lane points us to RCW 80.04.440, which allows any person harmed by a public utility's unlawful acts to bring suit.”
Lane v. City of Seattle, 164 Wash. 2d 875 (Wash. 2008). · cites it 4× “¶22 Lane points us to RCW 80.04.440, which allows any person harmed by a public utility’s unlawful acts to bring suit.”
Tauscher v. Puget Sound Power & Light Co., 635 P.2d 426 (Wash. 1981). · cites it 2× “RCW 80.04.440 provides: In case any public service company shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done .”
Zamora v. Mobil Oil Corp., 704 P.2d 584 (Wash. 1985). · cites it 2× “RCW 80.04.440. Significantly, liability under this law is predicated upon a finding of a violation of law or safety regulation.”
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