Negligence

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Negligence is a fundamental concept in both tort law and personal injury cases, and its application under Washington State law is no exception. If you’ve been involved in an accident or injury caused by someone else’s failure to act responsibly, it’s important to understand how negligence is defined and proven in Washington courts.

What is Negligence?

Negligence occurs when an individual fails to exercise reasonable care, resulting in harm or injury to another person. The core of negligence lies in the breach of a duty of care that one party owes to another, which directly causes damage.

In Washington State, negligence is a civil wrong (tort) that allows an injured party to seek compensation for their losses. The injured party (plaintiff) must prove that the defendant’s (wrongdoer’s) actions or inactions led to their injuries.

The Four Elements of Negligence

To establish a negligence claim in Washington State, a plaintiff must prove the following four elements:

1. Duty of Care: The defendant must owe a duty of care to the plaintiff. A duty of care refers to the legal obligation to act in a way that does not cause harm to others. For instance, drivers have a duty to operate their vehicles safely to avoid causing accidents. Property owners have a duty to keep their premises safe for visitors.

1. Breach of Duty: The defendant must have breached this duty by failing to act in a manner that a reasonable person would have. In Washington, this is typically evaluated using the “reasonable person” standard, which assesses how a typical person would behave under similar circumstances. A breach might be running a red light, failing to repair a dangerous condition on a property, or ignoring safety protocols.
2. Causation: There must be a direct connection between the defendant’s breach of duty and the plaintiff’s injury. This is divided into two sub-elements: actual cause and proximate cause. 
3. Damages: Finally, the plaintiff must have suffered actual damages as a result of the defendant’s breach of duty. This can include medical bills, lost wages, pain and suffering, or property damage. In Washington State, compensatory damages are the most common form of recovery in negligence claims.

You must prove all of the above elements to succeed in a negligence claim. 

Comparative Fault in Washington State

Washington operates under a pure comparative negligence system, which means that damages can be reduced if the plaintiff is partially at fault for the injury. Under the state’s pure comparative negligence rule, a plaintiff can recover damages even if they are 99% at fault, although their percentage of fault will reduce their recovery proportionally.

Examples of Negligence

Negligence can take many forms, and Washington courts have seen a variety of cases involving different types of negligence. Here are a few common examples:

• Car Accidents: A driver who runs a red light or drives while distracted may be considered negligent. If their actions result in an accident causing injury, they may be held liable for the damages.
• Premises Liability: Property owners in Washington have a duty to maintain their premises in a safe condition. If a property owner neglects to fix a known hazard, such as a broken sidewalk or wet floor, and someone is injured as a result, the property owner could be found negligent.
• Medical Malpractice: Healthcare providers are held to a high standard of care. If a doctor or nurse makes a mistake that results in harm to the patient, such as misdiagnosing a condition or administering the wrong medication, they may be considered negligent.
• Slip and Fall Accidents: A common example of negligence in Washington involves slip and fall accidents. For instance, if a business fails to clean up a spill and a customer slips and gets injured, the business could be found negligent for not maintaining a safe environment.

The best way to know if your negligence-based case may succeed is to speak with an attorney. 

Proving Negligence

To successfully prove negligence, a plaintiff in Washington must present evidence that supports each of the four elements. This can include expert witness testimony, expert opinions, medical records, photos of the accident scene, and more. Hiring an experienced personal injury attorney in Washington State can help gather the necessary evidence and present a compelling case.

In Washington, negligence claims are subject to a three-year statute of limitations, meaning that a lawsuit must be filed within three years of the date of the injury or accident. Missing this deadline could bar the injured party from seeking compensation, so it’s critical to act quickly.

Understanding Negligence in Washington

Negligence is a key legal concept that helps ensure people are held accountable for their actions and omissions that cause harm to others. Under Washington state law, the injured party must prove that the defendant owed a duty of care, breached that duty, caused harm through their actions, and resulted in actual damages. Understanding these elements and Washington’s comparative fault rule can help anyone involved in a potential negligence claim navigate the legal process.

If you were injured in an accident caused by someone else’s negligence, you may be entitled to compensation for medical expenses, lost wages, property damage, and other losses. Contact our experienced personal injury lawyers at Davis Law Group Car Accident and Personal Injury Lawyers for a free consultation. Call us today at (206) 727 4000.