Contributory Negligence in Washington
State-specific overview · Tort Law
Washington uses comparative negligence, allowing recovery even if the plaintiff is partially at fault, as long as they are not more negligent than the defendant.
How Washington treats Contributory Negligence
Washington follows a 'not greater than' comparative negligence standard, meaning a plaintiff can recover if their negligence is equal to or less than the defendant's negligence. The plaintiff's recovery is reduced by their percentage of fault. This rule is codified in Washington law and applies to most civil cases. For example, if a plaintiff is 40% at fault and the defendant is 60% at fault, the plaintiff can recover 60% of their damages.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.