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WPI 11.04.01 Negligence of Spouse or Domestic Partner Not Imputed

6 WAPRAC WPI 11.04.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 11.04.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part II. Negligence—Risk—Misconduct—Proximate Cause
Chapter 11. Contributory Negligence and Imputed Negligence
WPI 11.04.01 Negligence of Spouse or Domestic Partner Not Imputed
Negligence, if any, of one [spouse] [domestic partner] is not imputed or charged to the other [spouse] [domestic partner].
NOTE ON USE
Use this instruction when there is a concern that the jury could inappropriately attribute negligence of one spouse to the other, or one domestic partner to the other.
Do not use this instruction in actions brought for wrongful death or loss of consortium.
For cases in which negligence is imputed on one claim and not on other claims, this instruction will need to be modified.
COMMENT
RCW 4.22.020.
In 2008, the Legislature expanded the statute to apply not only to spouses, but also to domestic partners. The statutes on state registered domestic partners are found in RCW Chapter 26.60.
[Current as of September 2018.]
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