Negligence in Washington
State-specific overview · Tort Law
Washington applies pure comparative negligence, allowing recovery even if the plaintiff is 99% at fault, reduced by their percentage of fault.
How Washington treats Negligence
Washington's comparative negligence statute permits plaintiffs to recover damages proportional to the defendant's fault share, regardless of how negligent the plaintiff was. A plaintiff 90% at fault can still recover 10% of damages from a defendant. Washington courts apply the same four-element negligence test (duty, breach, causation, damages) as other states, but the absence of a bar to recovery makes Washington notably plaintiff-friendly in negligence cases.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.