OLYMPIA — Two Snohomish County couples were on hand Friday when Gov. Jay Inslee signed a bill allowing parents to seek compensation following the wrongful death of an adult child.
The new law erases a provision in state law barring parents from bringing claims for the wrongful death of their adult son or daughter, unless they are financially dependent on the child.
It also removes a requirement that parents or family members must live in the United States to be eligible to make a claim. The clause dates to 1909.
Under the law, a parent or legal guardian can bring an action for wrongful death of an adult child if they have had “significant involvement” in the child’s life. They could be entitled to recover damages for the child’s health care expenses and other economic losses, including “the loss of love and companionship of the child.”
Deanna and Alan Hogue of Lake Stevens stood at the governor’s side as he affixed his signature to Senate Bill 5163. They were part of a coalition of family members pushing for passage of the bill.
Their 19-year-old son, Bradley, was crushed to death by rotating augers at a new landscaping job in 2014. The company pleaded guilty in a criminal case but the parents could not sue for wrongful death because their son was an adult and they were not financially dependent on him.
They won’t benefit from the law, but it didn’t make Friday any less meaningful.
“We did it for the families of Washington state,” said Deanna Hogue. “Justice has been done for our son and our children.”
Gerry and Bonnie Gibson of Sultan were standing behind Inslee for the bill signing.
Their 36-year-old son, Greg, died in a fire at a rental home in Shoreline in 2016. They too could not file a claim because they were not financially dependent on their son.
“It is absolutely unbelievable,” Bonnie Gibson said. “It is a tremendous landmark.”
A legal battle stemming from a tragic 2015 Seattle crash intensified a spotlight on the century-old provisions. An amphibious “Ride the Ducks” tour vehicle veered into traffic, striking a bus carrying foreign students, killing five. The operator later invoked the 1909 clause as a defense.
Lawmakers nearly made the changes in the 2018 session, but a bill approved by the Senate did not receive a vote in the House.
The Associated Press contributed to this story.
Jerry Cornfield: 360-352-8623; jcornfield@herald net.com. Twitter: @dospueblos
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