[WSBARP] Neighbor Liability

[Steve DeShazo]

Josh is correct, RCW 4.24.190<https://app.leg.wa.gov/rcw/default.aspx?cite=4.24.190>, but the limit is $5,000 and it's only for willful/malicious destruction of property or personal injury. It explicitly does not limit recovery against parents for their own common law negligence.

Stephen DeShazo
In-House Counsel
Direct:   206.413.6359
Office:   206.737.9700
Fax:        206.260.1339
Email:    steve.deshazo at isolahomes.com<mailto:steve.deshazo at isolahomes.com>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Monday, December 20, 2021 5:17 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Neighbor Liability

I thought there was a statute in WA that limited the possible damages payable by a parent for the torts of a minor... was it $10,000?? at one time?

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Jim Fitzgerald
Sent: Monday, December 20, 2021 2:21 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Neighbor Liability

Dear Colleagues:

This may be off-topic but perhaps not. A teenage child (a junior or senior in high school) had a party while the child's parents were away for the evening. The parents knew there would be ten or so friends coming over while they were out. However, the party quickly grew out of control through texting and other means, attracting a hundred or more partygoers, some of whom were quite unsavory.  There was alcohol and drug use, racing through the neighborhood, and approaching midnight a vehicle left the party and an occupant of the vehicle shot a firearm randomly - a dozen or more rounds - some of which struck a nearby neighbor's home while its occupants were present. No one was physically hurt but they were traumatized, and the bullets caused substantial property damage to the home.  The perpetrator has yet to be identified or apprehended, but there is video showing the vehicle leaving the cul-de-sac and recording the sound of the shots being fired.

I would appreciate your thoughts on the liability of the parents of the daughter who hosted the party.

In advance, thank you.

James S. Fitzgerald
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