Negligence in Washington
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Washington fact pattern
Negligence in washington.
Statute of limitations
3 years
RCW 4.16.080
Three years from the injury in an ordinary negligence file.
- A local-government tort claim must be presented under RCW 4.96.020 before suit. Present late, and the three-year story often does not save the file.