OLYMPIA, Wash. — Washington Gov. Jay Inslee has approved an update to the state's wrongful death law, a reverberation from a fatal 2015 crash that cast a spotlight on a century-old clause.
The change removes requirements that family members must live in the United States and be economically dependent on the victim to be able to file a wrongful death claim here. The clause dates to 1909.
“Today, we’re righting a wrong that would have made it impossible for the families to seek justice,” said Inslee.
Supporters called the 1909 clause a vestige of historical bias against immigrants, but Republicans broadly objected to expanding eligibility for claims.
The change also includes parents of adult children more broadly: Current law requires financial dependency, but the new rules mean parents only need to prove emotional loss.
Parents who lost adult children in tragic accidents said they were re-traumatized when they learned about the loophole in the existing state law.
Jeff Chale’s daughter, Katie Chale, died when an impaired tour bus driver hit her car head-on. Since Katie Chale was 22 and did not have a spouse or children, her parents were not able to seek wrongful death damages.
“It was almost impossible to believe,” said Jeff Chale.
Jeff Chale said for years he tried changing the law on his own but credits the work done by the Washington Association for Justice for getting the law passed in Olympia.
“You have to look forward,” said Jeff Chale. “No families are going to deal with Washington state having laws that give them no rights.”
A 2015 Seattle crash spotlighted the law: An amphibious "Ride the Ducks" tour vehicle veered into traffic, striking a bus carrying foreign students and killing five. The operator later invoked the 1909 law as a defense.