Revised Code of Washington

Wash. Rev. Code § 86.16.071 (2026)

Chapter not to create liability for damages against the state

✓ current as of May 2026

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The exercise by the state of the authority, duties, and responsibilities as provided in this chapter shall not imply or create any liability for any damages against the state.

[ 1987 c 523 s 7.]

Notes of Decisions

Cited in 4 cases, 2008–2010 · leading case: Fitzpatrick v. Okanogan Cnty., 238 P.3d 1129 (Wash. 2010).

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Fitzpatrick v. Okanogan Cnty., 238 P.3d 1129 (Wash. 2010). · cites it 3× “037 (1921) and RCW 86.16.071. Under former RCW 86.12.037, counties have no liability for contractual or noncontractual acts "relating to the improvement, protection, regulation and control for flood prevention .”

Fitzpatrick v. Okanogan Cnty., 169 Wash. 2d 598 (Wash. 2010). · cites it 3× “037 (1921) and RCW 86.16.071. Under former RCW 86.12.037, counties have no liability for contractual or noncontractual acts “relating to the improvement, protection, regulation and control for flood prevention .”

Fitzpatrick v. Okanogan Cnty., 143 Wash. App. 288 (Wash. Ct. App. 2008). · cites it 2× “RCW 86.16.071 provides: “The exercise by the state of the authority, duties, and responsibilities as provided in this chapter [flood plain management] shall not imply or create any liability for any damages against the state.”

Fitzpatrick v. Okanogan Cnty., 177 P.3d 716 (Wash. Ct. App. 2008). “RCW 86.16.071 provides: "The exercise by the state of the authority, duties, and responsibilities as provided in this chapter [flood plain management] shall not imply or create any liability for any damages against the state.”

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