Legal Question in Landlord & Tenant Law in Washington

Re: Am I as a parent liable?

First off, is your son OK? Sounds like he is, but it sounds like there may have been smoke damage to his room.

I seem to recall that children under the age of seven (7) years are not responsible for their negligent conduct at least under Washington law.

However, as you pointed out you are on Federal land so federal rules do control.

However, your insurance company's basis for denying the claim sounds arguable, not solid. If they persist in this position, you should contact Joe Sinnitt in Tacoma and ask him to analyse whether or not you have a bad faith claim against your insurance company.

It does sound as though you have a basis to argue that your conduct was not unreasonable, as you state neither of you smoke, you had no reason to believe your child had access to a lighter, and that you were home when it happened and at most he was unattended for five minutes. Sounds like your insurance company should be defending you against your landlord's claims, not denying you coverage.

If you are having this sort of discussion with your insurance company, I would strongly suggest that you contact Mr. Sinnitt. You can tell him I referred you.

Hope this helps.

Powell