Filing suit against a potentially negligent party in the state of Washington can be a challenge in some situations, but not as difficult as in some other states. The details surrounding how the injury occurred are still vital to the final outcome in most cases even for those who are largely at fault for their own injury. Injured victims can typically file for some amount of financial recovery if another party is even the least bit responsible in allowing the injury to happen.
Understanding comparative negligence in Washington state
Also known as pure comparative negligence, it can apply in both auto accident cases and premises liability matters. This gives injured claimants a distinct advantage when the only defense the respondent party can provide is that the plaintiff themselves were responsible at least to some degree for their own injury.
All drivers involved in an auto accident in Washington state are assessed for personal contribution to causation. Even in multiple vehicle car accidents, each driver will be assigned a percentage of fault unless they are complete victims of the collision. Those with even minimal percentage assignments will pay a portion of the filed damages, including as low as 1% fault.
Premises liability claims do differ somewhat. Plaintiffs who are trespassing and cause their own injury in any significant amount could have their case dismissed. It is a general requirement for valid premises liability injury claims that the injured party be legally occupying the property at the time, but this is not always applicable.
It is important to remember that, just as with auto accidents, details of how a premises liability injury happened still matter. Injuries that are suffered due to booby traps or other types of deterrents can often impact a case outcome due to reasonable duty of care concerns.