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.
The failure to enforce exception applies where governmental agents responsible for enforcing statutory requirements possess actual knowledge of a statutory violation, fail to take corrective action despite a statutory duty to do so, and the plaintiff is within the class the statute intended to protect. [1]
The injured party has the burden of proving these elements.
Washington Courts have imposed liability where a police officer knew a driver was intoxicated but failed to take the driver into custody as required by statute[2], and where a city inspector inadequately inspected the outdoor lighting system resulting in electrocution killing the plaintiff’s son and injuring his son[3].
The Domestic Violence Act may be the basis for liability if an officer fails to make a statutorily required arrest at the scene where there is evidence of a felony.[4]
[1] Bailey v. Forks, 108 Wn.2d 262, 737 P.2d 1257(1987), citing Campbell v. Bellevue, 85 Wn.2d 1, 530 P.2d 234(1975).
[2] Campbell, supra.
[3] Bailey, supra.
[4] See Roy v. City of Everett, 118 Wn.2d, 823 P.2d 1084(1992).