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Governmental Liability

Washington Government Liability Lawyer

Holding Government Entities Accountable in Washington State

Government agencies and entities in Washington State are legally required to act with a certain standard of care to protect public safety. When a government employee or agency acts negligently, the consequences can be devastating, resulting in serious injuries, property damage, or even wrongful death. If you or a loved one has suffered due to government negligence, the experienced attorneys at Rush, Hannula, Harkins & Kyler PLLC (RHHK) are here to help you hold them accountable.

With decades of experience in government liability cases, our Tacoma-based law firm has a proven track record of holding state and local governments accountable for their actions. We offer a free consultation to help you understand your legal options and pursue justice.

 

What Is Government Liability?

Government liability means that government entities—like state departments or local agencies—can be held legally responsible when their actions (or lack of action) cause harm.

Historically, the legal doctrine of sovereign immunity prevented individuals from suing the government without its consent. Today, this immunity has been limited in many cases, allowing individuals to bring claims for certain negligent actions by government entities or employees. However, the process is highly specialized, requiring the expertise of a seasoned government liability lawyer.

 

Common Types of Government Liability Cases in the Puget Sound

Government liability claims often involve injuries caused by the negligence of public entities or their employees. Examples include:

1. Negligent Supervision

  • Parolees or work-release individuals causing harm due to lack of oversight.
  • Dangerous individuals are released without proper precautions.

2. Unsafe Public Spaces

  • Poorly maintained parks, sidewalks, or public buildings lead to accidents.
  • Inadequate security measures cause harm to visitors.

3. Roadway Accidents

  • Improper signage, hazardous road conditions, or construction zone mismanagement.
  • Accidents involving state-owned vehicles.

4. Child and Elder Neglect

  • Failures in foster care or elder care facilities overseen by state agencies.

 

How Does Government Liability Work in Washington?

In Washington State, you can file a lawsuit against state agencies, local governments, or their employees if their negligence caused harm. A key case that shaped government liability is Peterson v. State of Washington—a landmark victory by RHHK.

This case, decided by the Washington State Supreme Court, set the foundation for holding government agencies accountable. It established that state employees must take reasonable steps to protect people from harm. In the Peterson case, our attorneys helped secure a significant recovery for a client injured by someone carelessly released from Western State Hospital.

This decision created a standard that requires government workers to protect foreseeable victims from dangerous individuals, like patients in state hospitals or prisoners being released.

Building on this precedent, RHHK has successfully handled many similar cases, including:

  • Negligent Releases: Suing the Department of Corrections for releasing dangerous individuals who later harmed others.
  • Foster Care Neglect: Holding Child Protective Services accountable for failures that resulted in harm to children.
  • Elder Abuse: Representing victims of neglect under DSHS oversight.

These legal principles mean that victims of foster home neglect, elder abuse, or other government failures can demand accountability and seek justice.

 

When To File A Claim Against The Government

Filing a claim against the State of Washington or other local government entities involves specific steps and tight deadlines. Unlike standard personal injury cases, claims against government agencies require adherence to strict procedural rules under Washington State law. These procedures are distinct from claims filed against the federal government, which have their own requirements.

To file a claim against the State of Washington, you must file a Notice of Claim within 60 days, detailing your case and giving the agency a chance to respond. Most claims must be filed within a three-year statute of limitations, though this may vary. Sovereign immunity laws can complicate the process, so working with an experienced government liability lawyer is essential to ensure your rights are protected.

Why Timing Matters

Waiting too long to file a claim can result in lost evidence, expired deadlines, and missed opportunities for justice. Filing as soon as possible gives your legal team the best chance to gather critical information, including:

  • Witness statements.
  • Police and accident reports.
  • Medical records.
  • Documentation of unsafe conditions or negligence.

If you or a loved one has been harmed due to the negligence or wrongful actions of a state or local government agency, employee, or entity, it’s critical to act quickly and with the right legal guidance.

 

Let Our Government Liability Attorneys Help You Get Justice

Our personal injury attorneys have successfully held the State of Washington and various municipalities accountable for serious injuries and deaths caused by their negligent conduct.

Our case results include successfully suing the Department of Corrections for the negligent release from custody of dangerous prisoners and for its failures in the required supervision of parolees or persons on work release who later injure or kill innocent people. In addition, the Department of Social and Health Services (DSHS) has been held liable for failing to adequately supervise caregivers who negligently or intentionally cause harm to their adult or child wards.

Even police agencies, whose officers negligently fail to remove dangerous individuals from the highway when they had an opportunity to do so, can be held accountable for serious injuries and deaths that result.

We highly recommend seeking legal advice if you are pursuing a case against local or state governmental entities.

 

Do You Have A Case?

At Rush, Hannula, Harkins & Kyler PLLC we have the skill and experience to take on a wide range of personal injury cases throughout Washington state. From car accidents to workplace injuries – our reputation and success rates keep opposing counsel on edge.

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Do you have a case?

At Rush, Hannula, Harkins & Kyler PLLC we have the skill and experience to take on a wide range of personal injury cases throughout Washington state. From motor vehicle accidents to workplace injuries – our reputation and success rates keep opposing counsel on edge.

See if you have a case
Results
Our Results

The Proof

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Winning is when clients get the closure and compensation they deserve. We haven’t settled for less in the last sixty plus years. And we won’t for the next sixty.

$7.0 M
Client was exposed to ammonia gas by a trucking company that wrongfully released the gas. Client suffered injuries to both eyes, reactive airway disease, significant PTSD and severe depression preventing client from returning to his previous employment.
$1.9 M
Client was the victim of medical malpractice when the emergency room failed to diagnose a bowel obstruction, resulting in severe intestine injury and a colostomy.
$1.3 M
Client was bitten by a dog and suffered C-Diff infection and multiple hospitalizations.
$1.2 M
Client was the victim of a defective product when the coupler unit between his tractor and trailer failed, causing his arm to be crushed.
$1.2 M
Client was involved in a traumatic motorcycle accident. Client underwent multiple surgeries for comminuted fractures of his tibia and fibula resulting in limitations to his ability to work.
$1.05 M
Client was involved in a high speed collision on Interstate 5 when a driver of a Box Truck fell asleep and crossed over several lanes pushing her vehicle over an embankment. Client sustained traumatic brain bleed, fractured shoulder, hip and knees requiring over three months of intensive care and hospital admission
$920,000
Client was involved in a truck accident that caused his wrongful death. He was crushed when the truck hit him from behind as he was unloading items from his vehicle.
$875,000
Client was a pedestrian and was struck by a car while crossing in a crosswalk. Client was transported to the hospital but unfortunately died as a result of the injuries.
FAQs

Frequently Asked Questions

We have answers to some of the most common Washington personal injury questions. These are resources for injury victims.

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Do I need a lawyer to file a personal injury lawsuit?

It is not necessary to retain a lawyer to file your personal injury lawsuit. You should base your decision to involve an attorney on a reasonable assessment of the pros and cons. Rush, Hannula, Harkins & Kyler PLLC is a highly reputable personal injury law firm that has served Washington since 1959. We deliver value to our clients that far outweighs the fees we collect. But before you retain any attorney, you have to be satisfied that the benefits exceed the costs. We offer these points for your consideration.

 

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What is the statute of limitations in Washington for personal injury?

A statute of limitations is state law; throughout the country, different states set different time limits for identical causes of action. Within each state, different causes of action have different time limits. In Washington, for personal injury lawsuits, the statute of limitations is three years.

 

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How much does a personal injury lawyer cost?

The great advantage of filing a personal injury lawsuit is that most attorneys operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, the attorney works without compensation until the case resolves through a jury verdict or settlement. At that time, the attorney takes a percentage of the award. The contingency fee arrangement helps plaintiffs who could not otherwise afford the costs of civil litigation to pursue just compensation without worrying about expenses. It also means that your ability to retain an excellent lawyer does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, or the importance of delivering justice to someone in your particular circumstances.

 

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How do I file a personal injury lawsuit in Washington state?

At Rush, Hannula, Harkins & Kyler PLLC, we want our clients to have an accurate picture of what a personal injury lawsuit entails. The process is rarely quick and easy; defense counsel and insurance companies often employ delay tactics to wear a plaintiff down. We offer this page as a primer for anyone who has a cause of action and is considering a personal injury lawsuit.

 

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3,000+
Success Stories

The change you want to see happens when your story goes beyond the courtroom and makes an impact after the case is closed.

  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • Dan Kyler and Mike Fisher were professional and dedicated throughout the entire process. I would recommend this law firm to anyone.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher is an outstanding lawyer. He’s knowledgeable, responsive, and kept me informed at all times. I would definitely recommend him to anyone in need of a good attorney.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • Mike Fisher is an example of a quality attorney who sets high standards in servicing his clients in the highest regard as an attorney and he is part of a great firm.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
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