Comparative Negligence in Washington
State-specific overview · Tort Law
Washington uses pure comparative negligence; you can recover even if 99% at fault, with damages reduced proportionally.
How Washington treats Comparative Negligence
Washington's comparative negligence statute allows plaintiffs to recover damages even when primarily at fault, as long as the defendant contributed to the injury. Your recovery is reduced by your percentage of fault. This pure comparative negligence rule applies broadly across negligence claims. Washington courts apply the rule strictly to the plaintiff's percentage of fault as determined by judge or jury.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Washington.