What Is Negligence Under Washington Law?
Negligence under Washington law refers to a failure to use reasonable care that results in harm to another person. Most personal injury claims in Washington are based on proving that someone acted negligently.
The basic elements of negligence in Washington
To establish negligence under Washington law, an injured person generally must prove four elements:
- Duty of care: The other party owed a legal duty to act reasonably.
- Breach of duty: That duty was violated through action or inaction.
- Causation: The breach directly caused the injury.
- Damages: The injury resulted in measurable harm.
How negligence applies to personal injury cases
Negligence is commonly alleged in Washington personal injury cases involving car accidents, pedestrian injuries, unsafe property conditions, and other incidents where reasonable care may not have been exercised.
Insurance companies often focus on whether negligence can be proven when evaluating injury claims.
Comparative fault and negligence in Washington
Washington follows a pure comparative fault system. An injured person may recover compensation even if they are partially responsible for an accident.
Any compensation awarded is typically reduced by the injured person’s percentage of fault, as set out in RCW § 4.22.
Negligence and Washington filing deadlines
Most negligence-based personal injury lawsuits in Washington must be filed within three years under Revised Code of Washington § 4.16.080.
Failing to meet this deadline can bar a negligence claim regardless of fault.