WPI 60.02 Violation of Statute, Ordinance, or Administrative Rule—Wanton or Willful Misconduct
6 WAPRAC WPI 60.02Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 60.02 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part VII. Statutory Violations
Chapter 60. Statutory Violations
WPI 60.02 Violation of Statute, Ordinance, or Administrative Rule—Wanton or Willful Misconduct
The violation of a [statute] [ordinance] [administrative rule] is not necessarily [wanton misconduct] [willful misconduct]. If you find that there has been a violation of a [statute] [ordinance] [administrative rule] then you must further determine under all the evidence and under the definition of [wanton misconduct] [willful misconduct] whether the conduct of that party constituted [wanton misconduct] [willful misconduct].
NOTE ON USE
Use this instruction with WPI 14.01 (Willful Misconduct and Wanton Misconduct—Defined) and WPI 60.01 (Statute, Ordinance, or Administrative Rule).
For a case involving both a claim of negligence and a claim of willful or wanton misconduct, use this instruction with either WPI 60.03 (Violation of Statute, Ordinance, Administrative Rule, or Internal Governmental Policy—Evidence of Negligence) or WPI 60.01.01 (Violation of Statute, Ordinance, or Administrative Rule—Negligence Per Se).
Use bracketed material as applicable.
COMMENT
This instruction was originally designed for cases involving the host/guest statute, which has now been repealed. The instruction has continuing application for other statutes that impose a standard of wanton or willful misconduct and in cases in which the duty owed a trespasser by a landowner is an issue and a statute, ordinance, or administrative rule has been violated. See WPI 120.02 (Duty to Trespasser).
[Current as of February 2021.]
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