WPI 11.05 Contributory Negligence—Parent of Child Six or Over
6 WAPRAC WPI 11.05Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 11.05 (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 11.05 Contributory Negligence—Parent of Child Six or Over
In this lawsuit, the child claims damages for [his] [her] injuries. Also, the child's parent claims compensation for the reasonable value of necessary [doctor's care] [medical care] [hospital care] [nursing care] [treatment and services] received by the child [and for the reasonable value of loss of services of the child during the child's minority].
Contributory negligence, if any, of the child affects the claims of both child and parent, whether the parent was negligent or not. Contributory negligence, if any, of the parent affects the claim of the parent only, but does not affect the claim of the child.
NOTE ON USE
Use bracketed material as applicable.
Use this instruction only when a child six years of age or over and the parent are suing in the same action for their respective damages arising out of the same occurrence. If the child is under six years, use WPI 11.06 (Contributory Negligence—Parent of Child Under Six).
In a suit by a child alone, use WPI 11.04 (Negligence of Parent Not Imputed).
Do not use this instruction for claims of 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.
The opinion in Griffin v. Gehret, 17 Wn.App. 546, 564 P.2d 332 (1977), supports the position taken in WPI 11.05 (Contributory Negligence—Parent of Child Six or Over), that a child's contributory negligence may be imputed to a parent. In Poston v. Mathers, 77 Wn.2d 329, 337–39,462 P.2d 222(1969), the court held that a father's contributory negligence affects his claim for special damages due to his daughter's injury but does not affect the child's claim for general damages.
[Current as of September 2018.]
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