Failure to Enforce

Washington governmental entities are immune to liability under the public duty doctrine for duties owed to the public generally. “Failure to enforce” is a recognized exception to this rule.

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The Public Duty Doctrine and Legislative Intent

The public duty doctrine is a defense to claims against state and local governmental entities. The doctrine in its simplest terms is expressed by the observation that a “duty to all is a duty to no one”.[1] The legislative intent exception applies where the terms of a statute evidence a clear intent to identify and […]

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Public Duty Doctrine

To prove a claim for injury the injury victim must prove the existence of a duty and breach of the duty. In Washington the state Supreme Court has adopted the public duty doctrine.[1] If the injury claim is against a non-federal governmental entity the injury claimant must prove there was a duty specific to the […]

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