Negligence
Negligence
With some narrow exceptions, to recover for an injury an inured person in Washington must established that another party was at fault, or negligent.
Negligence has four elements. [1]
1. A duty
The injured person bears the burden of alleging and proving all four elements.[2]
The duty of an adult is to exercise the ordinary care that a reasonably careful person would exercise under similar circumstances. The duty for children depends on the age of the child. Contrary to a common belief parents are not strictly liable for the actions of their children.
Proximate causation is a nuanced legal concept. There are two elements of proximate causation, cause in fact and legal causation. Legal causation is a determination of whether liability should attach as a matter of law once causation in fact is established. [3]
[1] Nivens v. 7-11 Hoagy’s Corner, 133 Wn. 2d 192, 198, 943 P.2d 286 91997); Degal v. Majestic Mobile Manor, 129 Wn.2d 43, 48, 914 P.2d 728 (1996).
[2] Walters v. Aberdeen Recreation, Inc., 75 Wn.App. 710, 879 P.2d 337 (1994).
[3] Hartley v. State, 103 Wn.2d 768, 777-780, 698 P.2d 77 (1985); Taggart v. State, 188 Wn.2d 195, 822 P.2d 243 (1992).<–>
Posted in Washington Personal Injury Law
