(1) A ship's pilot licensed to act as
such by the state of Washington shall not be liable for damages
in excess of the amount of five thousand dollars for damages or
loss occasioned by the pilot's errors, omissions, fault, or
neglect in the performance of pilotage or pilot training
services, except as may arise by reason of the willful misconduct
or gross negligence of ((the)) that pilot. A ship's pilot
trainee licensed to act as such by the state of Washington is not
liable for damages in excess of the amount of five thousand
dollars for damages or loss occasioned by the pilot trainee's
errors, omissions, fault, or neglect in the performance of
pilotage or pilot training services, except as may arise by
reason of the willful misconduct or gross negligence of that
pilot trainee.
(2) When a pilot or pilot trainee boards a vessel, that
pilot or pilot trainee becomes a servant of the vessel and its
owner and operator. Nothing in this section exempts the vessel,
its owner or operator from liability for damage or loss
occasioned by that ship to a person or property on the ground
that (((1))) (a) the ship was piloted by a Washington state
licensed pilot or pilot trainee, or (((2))) (b) the damage or
loss was occasioned by the error, omission, fault, or neglect of
a Washington state licensed pilot or pilot trainee.
[2005 c 26 § 3; 1984 c 69 § 1.]
NOTES:
Effective date -- 2005 c 26: See note following RCW 88.16.035.
RCW 88.16.118
Limited liability of pilots and any
countywide port district in Grays Harbor pilotage
district -- Liability of vessel, owner, or operator not limited (as
amended by 2005 c 123).
A ship's pilot licensed to act as such
by the state of Washington, and any countywide port district
located partly or entirely within the Grays Harbor pilotage
district as defined by RCW 88.16.050(2) authorized to provide
pilotage services, shall not be liable for damages in excess of
the amount of five thousand dollars for damages or loss
occasioned by ((the)) a pilot's errors, omissions, fault, or
neglect in the performance of pilotage services, except as may
arise by reason of the willful misconduct or gross negligence of
((the)) a pilot.
When a pilot boards a vessel, that pilot becomes a servant
of the vessel and its owner and operator. Nothing in this
section exempts the vessel, its owner or operator from liability
for damage or loss occasioned by that ship to a person or
property on the ground that (1) the ship was piloted by a
Washington state licensed pilot, or (2) the damage or loss was
occasioned by the error, omission, fault, or neglect of a
Washington state licensed pilot.
[2005 c 123 § 2; 1984 c 69 § 1.]
NOTES:
Reviser's note: RCW 88.16.118 was amended twice during the 2005 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.