Duty and Forseeability
Negligence is “conduct which falls below the standard established by law for the protection of others against unreasonable risk”. [1] Duty and standard of care. The standard of conduct can arise from common law principles. It can also be prescribed by legislative enactment.[2]
Continue readingWrongful Life
In a wrongful life claim the party making a claim alleges that a child was born with defects but the pregnancy would have been terminated but for the failure of medical providers to warn of foreseeable defects. Most states have refused to recognize the claim of wrongful life. Washington is one of a handful of states that […]
Continue readingProximate Cause
Proximate cause includes both cause in fact and legal cause.[1] A cause in fact is a cause but for which the accident would not have happened.[2] A legal cause is a cause in fact that warrants legal liability as a matter of social policy.[3] A cause is “proximate” only if it is both a cause […]
Continue readingWrongful Conception
Wrongful conception, also known as wrongful pregnancy, is a case of action based on negligence in the provision of birth control or performance of sterilization procedures that result in an unwanted pregnancy.
Continue readingAir Carrier Standard of Care
Federal Aviation Administration (FAA) regulations and the Airline Deregulation Act (ADA) preempt state law if the claim involves a carrier’s rates, routes, and services.[1] Violation of FAA regulations have been held to be negligence per se.[2]
Continue readingMahler Reduction
Mahler is an important Washington State Supreme Court case concerning subrogation and attorney fees. Normally an injury victim who recovers damages must reimburse their own insurance company for benefits the insurance company paid that are related to the injury, such as medical expenses, or other damages caused by the at fault party. However, it is […]
Continue readingPersonal Injury Damages
Under Washington personal injury law an injury victim must prove negligence and proximate causation. After establishing negligence and proximate causation the injury victim must prove damages. There are various types of damages that are recoverable upon proof by the injury victim. The compensable elements of personal injury damages under Washington personal injury law are established […]
Continue readingClaims Against Family Members
There is no family tort immunity in Washington.[1] Also, insurance policies that exclude coverage for injury caused by family members are unenforceable under Washington law.[2] The same is true for insurance policy exclusions of family members for UIM coverage.[3]
Continue readingLiability for Injuries for Serving Alcohol
Prior to 1955 Washington had a “Dramshop Act” which provided a civil cause of action to injury victims who were injured by an intoxicated person against any person who, by providing intoxicating liquors, caused the intoxication. [1] In 1955, the Legislature repealed that act. [2] Under current law [3] liability may not apply for serving […]
Continue readingComparative Fault in Washington
Until 1973 Washington followed a rule of contributory negligence under which is an injury victim was partially at fault, even partially, this was a complete defense to the injury claim. This lead to many harsh results and exceptions to the rule.[1] A comparative negligence statute went into effect in 1974 that eliminated the contributory negligence […]
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