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RCW 41.26.281

Cause of action for injury or death, when.

Known as the Washington Law

The act spans §§ 41–41 (98 sections).

Applied in 19 court decisions — leading case 123 Wash. 2d 418 - Flanigan v. Department of Labor & Industries (1994)

Most recently applied in Erik T. Salisbury, Et Ano, V. City Of Seattle, Et Ano (January 2023)

1991 c 35 s 28; 1971 ex.s. c 257 s 15

How often courts cite this section

1994200020102020202350
citing decisions per year

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.

*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***

If injury or death results to a member from the intentional or negligent act or omission of a member's governmental employer, the member, the widow, widower, child, or dependent of the member shall have the privilege to benefit under this chapter and also have cause of action against the governmental employer as otherwise provided by law, for any excess of damages over the amount received or receivable under this chapter.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.