PUBLIC DUTY DOCTRINE

PUBLIC DUTY DOCTRINE –

What is the public duty doctrine? Up until about 1961, the State of Washington enjoyed what was called “Sovereign Immunity.” This meant that one simply could not sue the State (or a local government) no matter what wrong it had committed. While the immunity was taken away by the legislature, there were still significant barriers put in place under certain circumstances to be able to sue a governmental entity in Washington.

The public duty doctrine limits governmental immunity in that in order for the plaintiff to establish a cause of action the plaintiff must show that the duty breached by the government was one that was owed to an individual and not something that would be considered a general duty owed to the public. This concept was recently revisited and altered by the Washington Court of Appeals.

The Court has now stated that the public duty doctrine applies only when the duty at issue arises out of a statute of ordinance mandating action by the governmental entity. So if a governmental entity provides emergency services such as 911 or ambulance services, and does so as a service and not a statutory obligation (which would apply to things like policing), and if the entity then performs its obligations in a negligent manner causing someone harm, the governmental entity can be held liable in a lawsuit on those grounds.

See, Norg v. City of Seattle, Division One, Washington Court of Appeals, Case No. 80836-2-I.

 

If you are looking for a proven professional, then please give us a call.
Contact your local Wiener & Lambka office today.

If you are looking for a proven professional, then please give us a call.
Contact your local Wiener & Lambka office today.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

Call Our Washington State Injury Lawyers

Call today for a free consultation

The personal injury attorneys at Wiener & Lambka are dedicated to compassionate client service and aggressive legal representation.

 

1.800.680.8112

Toll-free in all of Washington state

425.367.0255

Everett

206.452.1055

Seattle

253.533.2055

Tacoma

425.728.8210

Bellevue

What Customers Say

"My experience with Wiener & Lambka was very positive. I always received information regarding my case, never felt left in the dark, and knew my case was always taken care of."

T. Lever

"Wiener & Lambka always kept me up to date with my case. I'd certainly suggest them to a friend."

J. Trujillo

“In my moment of Crisis Wiener & Lambka lent me a helping hand. Their dedication to my case was outstanding. They stuck by my side and fought for my rights. Thank you!”

K. Tuazon

“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.”

A. Maas