Category Archives: Washington Personal Injury Law

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]

Proximate 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 […]

Personal 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 […]

Claims 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]

Comparative 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 […]

Liability of Minors for Personal Injury Claims

Many assume that parents are “automatically” liable for damages caused by their children. Washington personal injury law is not so simple.

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 2. Breach of the duty 3. Proximate cause 4. Injury/damages The injured person bears the burden of alleging and proving all four […]

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