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Can a child be found negligent and thus contributorily negligent?
Can a child be found negligent and thus contributorily negligent? Yes, if they are less than 6 years old. Washington Pattern Instruction 11.03 states the following: “A child under the age of six years is incapable of contributory negligent. Therefore…
Published Tuesday, November 01, 2016
Measure of Damages – Elements of Noneconomic Damages
WPI 30.06 states, “The pain and suffering, both mental and physical [see RCW 4.56.250(1)(b)] experienced and with reasonable probability to be experienced in the future.” RCW 4.56.250(1)(b) – this statute holds noneconomic damages are “subjective…
Published Tuesday, June 13, 2017
Two Cars Meet in an Unexpected Manner
Whenever there is an automobile accident at an uncontrolled intersection, one may ask “who is at fault?” this is a common occurrence for cars especially on small side streets in modern suburbia. An uncontrolled intersection is one where there are no…
Published Monday, September 19, 2016
Nondelegable Duties
Nondelegable Duties Washington Pattern Instruction (WPI) 12.09 states the following: “(Fill in person or entity) is not relieved of its duty to (particular duty) by delegating or seeking to delegate that duty to another person or entity.” In the case of…
Published Friday, December 16, 2016
Attributing Fault – Standard of Care for a Child
“When referring to a child, ordinary care means the same care that a reasonable careful child of the same age, intelligence, maturity, training, and experience would exercise under the same or similar circumstances.” WPI 10.05. Generally, a child under…
Published Monday, October 10, 2016
Premises Liability – What is your status?
What’s your status? This is a typical question for this day and age on Facebook. It also matters when it comes to law, specifically in the State of Washington, if you are going to recover from injuries sustained on another’s property it often…
Published Wednesday, October 26, 2016
False Assumption - 7. The pain has generally gone away
The pain has generally gone away, so I do not really need to follow my health care provider’s instructions. Once you seek health care, it is very important that you follow the instructions of your physician. Occasionally, a client will stop the…
Published Tuesday, July 24, 2007
Insurer's Duty to Defend their Insured
A question arose recently in our office regarding a potential injury claim arising from the driving of car through a parking lot. Fact scenario: Driver who has a automobile policy of insurance is driving through a parking lot. The driver notices a…
Published Tuesday, May 12, 2015
Bicyclists
WPI 70.09 - Bicyclists – Statutory Rights and Duties A person riding a bicycle upon a roadway has all the rights of a driver of a motor vehicle and must obey all statutes governing the operation of vehicles except for those statutes that, by their…
Published Tuesday, September 27, 2016
Measure of Economic Damages - Elements of Past Damages
When a plaintiff is injured, most likely they will receive medical treatment. Medical expenses to be recovered must be proven to be reasonable and necessary and proximately caused by an event which resulted from the defendant’s negligent conduct. WPI…
Published Tuesday, June 06, 2017
