WPI 11.06 Contributory Negligence—Parent of Child Under Six
6 WAPRAC WPI 11.06Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 11.06 (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 11.06 Contributory Negligence—Parent of Child Under Six
In this lawsuit, the child claims damages for [his] [her] injuries. Also, the parent(s) of the child claim 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 parent affects the claim of the parent but does not affect the claim of the child.
NOTE ON USE
Use bracketed material as applicable.
Use WPI 11.03 (Child Under Six Years of Age Incapable of Contributory Negligence) with this instruction.
Use this instruction only when a child under six years of age and the parent are suing in the same action for their respective damages arising out of the same occurrence. If the child is six years of age or older, use WPI 11.05 (Contributory Negligence—Parent of Child Six or Older).
In a suit by the 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 instruction is supported by Cox v. Hugo, 52 Wn.2d 815, 819–820, 329 P.2d 467 (1958).
For additional discussion see the Comment to WPI 11.05 (Contributory Negligence—Parent of Child Six or Over).
[Current as of September 2018.]
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