Wash. Rev. Code » Title 81 · Chapter 81.04
Revised Code of Washington

Wash. Rev. Code § 81.04.440 (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 81.04.440. Prior: 1911 c 117 s 102; RRS s 10451.]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1974–2025 · leading case: Hoops v. Burlington N., Inc., 518 P.2d 707 (Wash. 1974).
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Hoops v. Burlington N., Inc., 518 P.2d 707 (Wash. 1974). · cites it 3× “Plaintiff also alleged that Burlington Northern, a public service company, was strictly liable by virtue of RCW 81.04.440. As against the City of Kennewick, plaintiff alleged it to be guilty of negligence and willful and wanton misconduct because it did not enforce the train…”
Leon (W.D. Wash. 2025). “3 Olympic also argues that it cannot be liable because it has been given express authority 4 by statute to transport petroleum products and the Public Nuisance Act exempts that “which is 5 done or maintained under the express authority of a statute[.”
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