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Washington

West's Revised Code of Washington Annotated. Title 4. Civil Procedure. Chapter 4.24. Special Rights of Action and Special Immunities.

Statute Details
Printable Version
Citation: West's RCWA 4.24.570 - 580

Citation: WA ST 4.24.570 - 580


Last Checked by Web Center Staff: 10/2013

Summary:   These Washington sections concern interference with animal research or educational facilities as well as facilities that keep animals for agricultural or veterinary purposes. Both sections provide that any person or organization that plans or assists in the development of a plan to commit an intentional tort described in the laws is liable for damages to the same extent as a person who has committed the tort. However, membership in a liable organization does not in itself establish the member's liability under this subsection. Section 4.24.580 allows an individual employed with an animal facility to obtain injunctive relief if he or she has reason to believe that he or she may be injured. This includes obtaining an injunction to prevent harassment.


Statute in Full:

 

4.24.570. Acts against animals in research or educational facilities

4.24.575. Acts against animals kept for agricultural or veterinary purposes

4.24.580. Acts against animal facilities--Injunction

 

4.24.570. Acts against animals in research or educational facilities

(1) Joint and several liability for damages shall apply to persons and organizations that commit an intentional tort by (a) taking, releasing, destroying, contaminating, or damaging any animal or animals kept in a research or educational facility, where the animal or animals are used or to be used for medical research or other research purposes, or for educational purposes; or (b) destroying or damaging any records, equipment, research product, or other thing pertaining to such animal or animals.

(2) Any person or organization that plans or assists in the development of a plan to commit an intentional tort covered by subsection (1) of this section is liable for damages to the same extent as a person who has committed the tort. However, a person or organization that assists in the development of a plan is not liable under this subsection, if, at the time of providing the assistance the person or organization does not know, or have reason to know, that the assistance is promoting the commission of the tort. Membership in a liable organization does not in itself establish the member's liability under this subsection. The common law defense of prior renunciation is allowed in actions brought under this subsection.

(3) In any case where damages are awarded under this section, the court shall award to the plaintiff all costs of the litigation, including reasonable attorneys' fees, investigation costs, and court costs, and shall impose on any liable party a civil fine of not to exceed one hundred thousand dollars to be paid to the plaintiff.

CREDIT(S)

[1991 c 325 § 3.]
 

4.24.575. Acts against animals kept for agricultural or veterinary purposes

(1) Joint and several liability for damages shall apply to persons and organizations that commit an intentional tort by taking, releasing, destroying or damaging any animal or animals kept by a person for agricultural production purposes or by a veterinarian for veterinary purposes; or by destroying or damaging any farm or veterinary equipment or supplies pertaining to such animal or animals.

(2) Any person or organization that plans or assists in the development of a plan to commit an intentional tort covered by subsection (1) of this section is liable for damages to the same extent as a person who has committed the tort. However, a person or organization that assists in the development of a plan is not liable under this subsection, if, at the time of providing the assistance the person or organization does not know, or have reason to know, that the assistance is promoting the commission of the tort. Membership in a liable organization does not in itself establish the member's liability under this subsection. The common law defense of prior renunciation is allowed in actions brought under this subsection.

(3) In any case where damages are awarded under this section, the court shall award to the plaintiff all costs of the litigation, including reasonable attorneys' fees, investigation costs, and court costs, and shall impose on any liable party a civil fine of not to exceed one hundred thousand dollars to be paid to the plaintiff.

(4) “Agricultural production,” for purposes of this section, means all activities associated with the raising of animals for agricultural purposes, including but not limited to animals raised for wool or fur. Agricultural production also includes the exhibiting or marketing of live animals raised for agricultural purposes.

CREDIT(S)

[1991 c 325 § 4.]

 

4.24.580. Acts against animal facilities--Injunction

Any individual having reason to believe that he or she may be injured by the commission of an intentional tort under RCW 4.24.570 or 4.24.575 may apply for injunctive relief to prevent the occurrence of the tort. Any individual who owns or is employed at a research or educational facility or an agricultural production facility where animals are used for research, educational, or agricultural purposes who is harassed, or believes that he or she is about to be harassed, by an organization, person, or persons whose intent is to stop or modify the facility's use or uses of an animal or animals, may apply for injunctive relief to prevent the harassment.

For the purposes of this section:

(1) “Agricultural production” means all activities associated with the raising of animals for agricultural purposes, including but not limited to animals raised for wool or fur. Agricultural production also includes the exhibiting or marketing of live animals raised for agricultural purposes; and

(2) “Harassment” means any threat, without lawful authority, that the recipient has good reason to fear will be carried out, that is knowingly made for the purpose of stopping or modifying the use of animals, and that either (a) would cause injury to the person or property of the recipient, or result in the recipient's physical confinement or restraint, or (b) is a malicious threat to do any other act intended to substantially cause harm to the recipient's mental health or safety.

CREDIT(S)

[1991 c 325 § 5.]


 



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