Wash. Rev. Code » Title 4 · Chapter 4.22
Revised Code of Washington

Wash. Rev. Code § 4.22.005 (2026)

Effect of contributory fault

✓ current as of May 2026
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In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery. This rule applies whether or not under prior law the claimant's contributory fault constituted a defense or was disregarded under applicable legal doctrines, such as last clear chance.
[ 1981 c 27 s 8.]
Notes of Decisions
Cited in 111 cases (26 in the last 5 years), 1983–2026 · leading case: Sofie v. Fibreboard Corp., 780 P.2d 260 (Wash. 1989).
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Sofie v. Fibreboard Corp., 780 P.2d 260 (Wash. 1989). · cites it 10× “Justice Dolliver's discussion, on pages 684-85, of the effect of RCW 4.22.005 on Seay v. Chrysler Corp., 93 Wn.”
Geschwind v. Flanagan, 854 P.2d 1061 (Wash. 1993). · cites it 8× “117, codified at RCW 4.22.005. "Fault" is defined as including "unreasonable assumption of risk, and unreasonable failure to avoid an injury .”
ESCA Corp. v. KPMG Peat Marwick, 959 P.2d 651 (Wash. 1998). · cites it 7× “KPMG moved for summary judgment as a matter of law, arguing the finding of contributory negligence barred any recovery by Seafirst. The trial court denied KPMG's motion and entered judgment on the verdict.”
ESCA Corp. v. KPMG Peat Marwick, 135 Wash. 2d 820 (Wash. 1998). · cites it 7× “The Court of Ap *826 peals affirmed, holding that Washington’s uniform comparative fault statute, RCW 4.22.005, applies to negligent misrepresentation claims.”
Keller v. City of Spokane, 44 P.3d 845 (Wash. 2002). · cites it 3× “27, § 8 (codified at RCW 4.22.005). RCW 4.22.005 states in part: In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory *244 fault chargeable to the claimant diminishes proportionately the amount awarded as…”
Christensen v. Royal Sch. Dist. No. 160, 124 P.3d 283 (Wash. 2005). · cites it 3× “RCW 4.22.005. Although the act provides that contributory fault does not bar recovery, as was the case prior to the act's adoption in 1981, contributory "fault" on the part of a claimant diminishes proportionally the amount of damages that the claimant can recover.”
Christensen v. Royal Sch. Dist. No. 160, 156 Wash. 2d 62 (Wash. 2005). · cites it 3× “RCW 4.22.005. Although the act provides that contributory fault does not bar recovery, as was the case prior to the act’s adoption in 1981, contributory “fault” on the part of a claimant diminishes proportionally the amount of damages that the claimant can recover.”
Gregoire v. City of Oak Harbor, 244 P.3d 924 (Wash. 2010). · cites it 3× “See RCW 4.22.005, .070. In the face of contributory negligence, a jail must still pay for its fair share of liability for any negligent departure from its duties.”
Gregoire v. City of Oak Harbor, 170 Wash. 2d 628 (Wash. 2010). · cites it 3× “27, § 8, codified at RCW 4.22.005. We use the term “contributory negligence” in this opinion for consistency *634 with the given jury instructions and in reference to the decedent’s alleged own negligence, not to the now-superseded doctrine.”
Davis v. Globe Mach. Mfg. Co., 684 P.2d 692 (Wash. 1984). · cites it 3× “Petitioner states that this case "raises the question of comparative negligence or comparative fault", citing RCW 4.22.005. We reject petitioner's argument for several reasons.”
Hendrickson v. Moses Lake Sch. Dist., 428 P.3d 1197 (Wash. 2018). · cites it 2× “RCW 4.22.005. Under the "Tort Reform Act of 1986," the trier of fact is required to apportion fault to every person or entity that caused the claimant's damages.”
Dunnington v. Virginia Mason Med. Ctr., 389 P.3d 498 (Wash. 2017). · cites it 2× “RCW 4.22.005. Washington pattern instruction 11.”
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