Revised Code of Washington - RCW Title 5 Evidence - Section 5.40.050 Breach of duty -- Evidence of negligence -- Negligence per se

§ 5.40.050. Breach of duty -- Evidence of negligence -- Negligence per se

A breach of a duty imposed by statute, ordinance, or administrative rule shall not be considered negligence per se, but may be considered by the trier of fact as evidence of negligence; however, any breach of duty as provided by statute, ordinance, or administrative rule relating to electrical fire safety, the use of smoke alarms, sterilization of needles and instruments used in tattooing or electrology as required under RCW 70.54.350, or driving while under the influence of intoxicating liquor or any drug, shall be considered negligence per se.

[2001 c 194 § 5; 1986 c 305 § 901.]

Notes:
     Preamble -- Report to legislature -- Applicability -- Severability -- 1986 c 305: See notes following RCW 4.16.160.

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Last modified: April 7, 2009