Home Table of Contents

WPI155.05Negligence Not An Issue

6A WAPRAC WPI 155.05Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 155.05 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
July 2019 Update
Washington State Supreme Court Committee on Jury Instructions
Part XI. Workers' Compensation
Chapter 155. Workers' Compensation
WPI 155.05 Negligence Not An Issue
The Industrial Insurance Act applies regardless of fault or negligence. Therefore, in resolving the issues before you, you are not to consider fault or negligence, if any, of the employer or the worker [or any other person or entity].
NOTE ON USE
It is recommended that this explanation be given at some time prior to the reading of the record to the jury. This instruction may also be included in the written instructions to the jury. This instruction may not be applicable in all cases. See the Comment below.
Use the bracketed language if the evidence could lead jurors to consider the negligence or fault of some other person or entity, such as a co-worker.
COMMENT
RCW 51.04.010 provides that the Industrial Insurance Act applies without regard to fault.
This instruction may not be applicable in all cases. For example, in a case in which aggravation is asserted subsequent to an award, the reasonableness of the claimant's conduct after the award may become an issue. See McDougle v. Dep't of Labor & Indus., 64 Wn.2d 640, 393 P.2d 631 (1964).
[Current as of November 2016.]
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.