Washington Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense
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Pattern Jury Instr. Civ. WPI 11.01 (7th ed.) Contributory negligence is negligence on the part of a person claiming injury or damage that is a proximate cause of the injury or damage claimed.
Comparative negligence is a partial defense to personal injury liability. If a defendant is sued, the defendant can raise this defense by claiming the plaintiff was partly responsible for injuries. The plaintiff's compensation is reduced by the percentage of fault they shares.
RCW 4.22. 005 provides in part that ?any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery.? Contributory negligence. WPI 110.10 Assumption of Risk?Contributory Negligence westlaw.com ? wciji ? Document westlaw.com ? wciji ? Document
8.6 The basic principle underlying the defence of contributory negligence is that people should take reasonable care for their own safety as well as for that of others. 8. Contributory Negligence, Assumption of Risk and Duties of ... treasury.gov.au ? files ? R2002-001_ContribNeg treasury.gov.au ? files ? R2002-001_ContribNeg
However, the state of Washington is a pure comparative negligence state, meaning that the courts will take into account both parties' actions when determining fault, but victims can receive compensation even if they are 99% at fault for the accident.
Contributory negligence is a legal defense that comes into play in some personal injury cases. Under this defense, if the person who was hurt did anything themselves that contributed to the accident or injury, then the defendant is not responsible for the injury. What Is Contributory Negligence? Definition & Examples - Forbes forbes.com ? advisor ? legal ? personal-injury forbes.com ? advisor ? legal ? personal-injury
Since damages are asserted in the plaintiff's negligence claim against the defendant, the defendant's contributory negligence charge involves only three elements: duty, breach, and causation. Contributory Negligence and Assumption of Risk (Chapter 9) cambridge.org ? core ? books ? tort-law ? c... cambridge.org ? core ? books ? tort-law ? c...
The pattern instructions are not authoritative primary sources of the law; rather, they restate otherwise existing law for jurors. The pattern instructions do not receive advance approval from any court, although they are often treated as ?persuasive.? See, e.g., State v. Mills, 116 Wn.