RCW 81.36.100

439 words·~2 min read·/wa/title-81/chapter-81-36/81-36-100·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any railroad corporation heretofore duly incorporated and organized under the laws of this state or of the territory of Washington, or which may hereafter be duly incorporated and organized under the laws of this state, or heretofore or hereafter incorporated and organized under the laws of any other state or territory of the United States, and authorized to do business in this state and to construct and operate railroads therein, shall have and hereby is given the right to construct bridges across the navigable streams within this state over which the projected line or lines of railway of said railroad corporations will run: PROVIDED, That said bridges are constructed in good faith for the purpose of being made a part of the constructed line of said railroad: AND PROVIDED, That they shall be constructed in the course of the construction of said railroad or thereafter for the more convenient operation thereof: AND PROVIDED FURTHER, That such bridges shall be so constructed as not to interfere with, impede or obstruct the navigation of such streams.

(2)(a) Before entering into any contract for the construction of or replacement of any bridge by the state or its subdivisions as a property owner, the executive officer responsible for the contract must consider whether to require the installation of informational signs that address the hazard of diving or jumping off the bridge as part of the contract. These signs are meant to provide more information than just a "no jumping" sign so that people can better understand the hazards related to a particular location. Signs with information on the hazard of cold-water shock that leads to drowning are encouraged to be installed in locations where people might otherwise think a location is safe for swimming. Signs under this section may include the statewide 988 suicide prevention hotline.

(b)This section does not create a private right of action by, or a legal duty to, any party, and may not be used to impose liability on the property owner if a sign has or has not been erected on its property. The state of Washington, including all of its agencies, subdivisions, employees, and agents, shall not be liable in tort for any violation of chapter 54, Laws of 2023, notwithstanding any other provision of law.

[ 2023 c 54 s 13 ; 1961 c 14 s 81.36.100 . Prior: 1889 p 53 s 1 ; RRS s 10468.]

Notes:

Short title — Intent — Finding — 2023 c 54: See notes following RCW 35.21.095 .

Bridges and trestles across state waterways: RCW 79.110.130 , 79.110.140 .

Railroad bridges across navigable streams: RCW 79.110.110 .