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 protect a particular and circumscribed class of persons.[2] The statutory language must clearly express this intent; a court will not imply it.[3] Where the legislative intent exception applies, a member of the identified class may bring a tort action against the governmental entity for its violation of the statute.[4]
Washington courts have held that statutes and regulations establishing a campus police force and requiring first-year college students to live in student housing was not intended to identify and protect an injured party as a member of the Washington State University student body[5] that the state securities act was not intended to protect individual investors but only the investing public;[6] that the state building code act was intended to protect the general public, not the specific class of building occupants;[7] that statutes and regulations enacted to prevent the spread of brucellosis, a disease of cattle, were intended to protect the general public, not the specific class of dairy operators.[8]
Other exceptions to the public duty doctrine include
failure to enforce
the rescue doctrine, and
This general information is not a substitute for legal advice. For advice about your circumstances consult a personal injury attorney.
[1] Meaney v. Dodd, 111 Wn.2d 174, 178, 759 P.2d 455 (1988).
[2] Hannum v. Washington State Dep’t of Licensing, 181 P.3d 915, 144 Wash.App. 354 (2008), citing Ravenscroft v. Wash. Water Power Co., 136 Wn.2d 911, 929, 969 P.2d 75 (1998).
[3] Ravenscroft, 136 Wn.2d at 930.
[4] Ravenscroft, 136 Wn.2d at 929.
[5] Johnson v. State, 77 Wn. App. 934, 938, 894 P.2d 1366 (1995).
[6] Baerlein v. State, 92 Wn.2d 229, 232, 595 P.2d 930 (1979).
[7] Taylor v. Stevens County, 111 Wn.2d 159, 166, 759 P.2d 447 (1988).
[8] Honcoop v. State, 111 Wn.2d 182, 188, 759 P.2d 1188 (1988).