How does comparative fault work in Washington?

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1. Negligence Elements.   Washington negligence requires duty, breach, proximate cause, and damages ( Schooley v. Pinch's Deli Market , 134 Wn.2d 468).    2. Comparative Fault Regime.     RCW 4.22.005  : "In an action based on fault... contributory fault shall not bar recovery... Any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages." Washington is   pure comparative   — no percentage threshold bars recovery. RCW 4.22.015 defines "fault" broadly to include negligence, recklessness, intentional torts, strict liability, and product defects.    3. Joint and Several Liability.   RCW 4.22.070 — defendants are generally severally liable based on percentage of fault. J&S preserved only when: (a) parties acted in concert or as agent/employee, (b) plaintiff was not at fault and damages were caused by multiple defendants (with allocation among defendants but full recovery from any), and (c) hazardous waste/substance and product liability under MTCA. The Washington Supreme Court in  Tegman v. Accident & Med. Investigations , 150 Wn.2d 102 limited application of J&S where plaintiff is faultless.    4. Last Clear Chance / Sudden Emergency.   Subsumed into comparative fault. Sudden emergency remains as WPI 12.02.    5. Settling Tortfeasors.   RCW 4.22.060 — reasonableness hearing required for settlement; good-faith settlement discharges settling party from contribution and reduces claim by settlement amount.    6. Statute of Repose vs SOL.   Personal injury SOL is 3 years (RCW 4.16.080). Med-mal SOL is 3 years with 8-year repose (§ 4.16.350). Construction repose is 6 years (§ 4.16.310). Product liability repose is 12 years under PLA (§ 7.72.060).    7. Caps.   Washington Supreme Court struck down noneconomic damages cap in  Sofie v. Fibreboard , 112 Wn.2d 636 (1989) and  Putman v. Wenatchee Valley Med. Ctr. , 166 Wn.2d 974 (med-mal) as violating jury trial right. No statutory cap currently enforceable.    8. Wrongful Death Comparative.   RCW 4.20.020 wrongful death applies RCW 4.22.005; decedent's fault reduces recovery.    9. Worker Injuries.   Industrial Insurance Act (RCW Title 51) exclusive remedy. Third-party suits under RCW 4.22.005; employer fault may be considered under RCW 4.22.070 but employer not a defendant.  This is legal information, not legal advice.