No action subject to the claim filing requirements of RCW 4.92.100 shall be commenced against the state, or against any state officer, employee, or volunteer, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim is presented to the office of risk management in the department of enterprise services. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty calendar day period. For the purposes of the applicable period of limitations, an action commenced within five court days after the sixty calendar day period has elapsed is deemed to have been presented on the first day after the sixty calendar day period elapsed.
RCW 4.92.110
Tortious conduct of state or its agents—Presentment and filing of claim prerequisite to suit.
Applied in 47 court decisions — leading case 108 Wash. 2d 558 - Blair v. Washington State University (1987)
Most recently applied in 197 Wash. 2d 116 - Freedom Found. v. Teamsters Local 117 Segregated Fund (February 2021)
2015 c 225 s 5; 2009 c 433 s 3; 2006 c 82 s 2; 2002 c 332 s 13; 1989 c 419 s 14; 1986 c 126 s 8; 1979 c 151 s 4; 1977 ex.s. c 144 s 3; 1963 c 159 s 4.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.