Civil Liability for Harming Another.
When one individual causes harm to another, whether inadvertently or intentionally, the victim can sue the responsible party to recover money damages. Harmful acts or omissions can be categorized based on the culpability of the responsible party.
Negligence: Negligence is the failure to exercise ordinary care. It is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do some act that a reasonably careful person would have done under the same or similar circumstances.
Gross Negligence: Gross negligence is the failure to exercise slight care. It is negligence that is substantially greater than ordinary negligence. Failure to exercise slight care does not mean the total absence of care but care substantially less than ordinary care.
Wanton Misconduct: Wanton misconduct is an intentional act or omission taken in reckless disregard of the consequences and under such surrounding circumstances and conditions that a reasonable person would know, or should know, that such conduct would, in a high degree of probability, result in substantial harm to another.
Willful Misconduct: Willful misconduct is an intentional act or omission taken with actual knowledge of the peril that will be created and intentional failure to avert injury, or with intention to cause harm.
Immunity from Civil Liability.
Washington provides immunity from civil liability for individuals engaged in specified activities. Generally, such immunity only extends to negligence and does not cover more culpable acts or omissions like gross negligence, or wanton or willful misconduct. Examples of covered activities include:
Immunity from Civil Liability.
A person is not liable for any act or omission while providing nonmedical care or assistance at the scene of an emergency or disaster, unless the act or omission rises to the level of gross negligence, or willful or wanton misconduct.
The immunity does not apply to persons providing nonmedical care or assistance at the scene of an emergency or disaster who are: (a) acting during the course of regular employment and (b) receiving compensation or expecting to receive compensation.
Defined Terms.
"Compensation" is defined to exclude:
"Nonmedical care or assistance" is defined to include rescue operations as well as the provision of such necessities and amenities as food, supplies, shelter, transportation, and child care.
"Emergency or disaster" is defined as an event or set of circumstances that: (i) demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrence; or (ii) reaches such a dimension or degree of destructiveness as to warrant the Governor declaring a state of emergency pursuant to RCW 43.06.010.