{"id":"DUT-WA-013","kind":"duty","level":"state","jurisdiction":"Washington","state":"WA","metro":"","industry":"","agency":"","eco":"","issuer":"Washington State Legislature","authority":"Tort Reform Act of 1986, chapter 5.40 RCW","instrument":"RCW 5.40.050","title":"Breach of duty—Evidence of negligence—Negligence per se","dateIssued":"","effective":"standing","end":"standing","startDate":"","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","OTHER"],"addressees":["persons generally; employers; owners or persons in control of premises (as defendants in negligence actions)"],"clause":"A breach of a duty imposed by statute, ordinance, or administrative rule shall not be considered negligence per se, but may be considered by the trier of fact as evidence of negligence; however, any breach of duty... relating to:... (3)... other precaution against the spread of disease, as required under RCW 70.54.350... shall be considered negligence per se.","enforcement":"Civil liability in negligence; breach of the enumerated duties is negligence per se","functions":[],"notes":"Washington enacted no COVID-19 liability shield; this standing statute made the breach of any statutory, ordinance or administrative-rule duty (every proclamation condition, every L\u0026I rule, every Secretary of Health order and every local health order) admissible evidence of negligence in any suit by an employee, customer or visitor, so that compliance with the health directives was the legal standard of care.","sourceUrl":"https://app.leg.wa.gov/RCW/default.aspx?cite=5.40.050","snapshot":"","fileExists":true,"fileBytes":101605,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-WA","url":"/library/DUT-WA-013","exhibitUrl":"/exhibit/DUT-WA-013","citation":"Washington State Legislature, RCW 5.40.050 (standing) (Ex. DUT-WA-013)","stateName":"Washington","related":[]}