WPI 11.03 Child Under Six Years of Age Incapable of Contributory Negligence
6 WAPRAC WPI 11.03Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 11.03 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part II. Negligence—Risk—Misconduct—Proximate Cause
Chapter 11. Contributory Negligence and Imputed Negligence
WPI 11.03 Child Under Six Years of Age Incapable of Contributory Negligence
A child under the age of six years is incapable of contributory negligence. Therefore, there is no issue of contributory negligence on the part of plaintiff,(fill in name(s)).
NOTE ON USE
Use this instruction only when the plaintiff is a child who had not passed his or her sixth birthday on the date of the occurrence.
COMMENT
A child under age six is not an “entity” to whom fault can be apportioned under RCW 4.22.070(1). In Price v. Kitsap Transit, 125 Wn.2d 456, 464, 886 P.2d 556(1994), the court stated that “by limiting the apportionment to entities capable of fault, the Legislature intended to exclude children under the age of six from being considered an ‘entity’ under RCW 4.22.070(1).”
[Current as of September 2018.]
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