The public duty doctrine balances two key interests:

1. Protecting Victims: Ensuring people harmed by government negligence have legal options.
2. Preventing Excessive Liability: Protecting public resources (like taxpayer money) from being drained by lawsuits.

By limiting when and how a government entity can be sued, the doctrine ensures fairness without overwhelming public funds.

Let’s break it down.

 

Why Does the Public Duty Doctrine Exist?

Historically, governments were protected by “sovereign immunity,” meaning they couldn’t be sued for negligence. This immunity ended in the 1960s when Washington State added a new law (RCW 4.96.010), allowing government entities to be liable for negligent actions just like private individuals or companies.

However, there were unique situations where this rule didn’t fit neatly, especially for duties only governments perform, like firefighting or building inspections. To address this, courts developed the public duty doctrine, which holds that if a government’s duty is to the public at large, it doesn’t owe a legal duty to any one person.

 

What Is the Public Duty Doctrine?

The doctrine is a legal principle that says that if a government function is aimed at protecting the public as a whole, not specific individuals, then the government is generally not liable for harm. This means individuals generally can’t sue the government for failing to perform these public duties unless certain exceptions apply.

For example:

Fire Protection Services
Fire departments serve the entire community, not any one person. If a fire department doesn’t save a particular building, they’re not automatically liable.

Building Inspections
Ensuring buildings meet safety codes is a duty to the public at large, not specific property owners.

 

How Does It Work Exactly?

Here are the basics of how the public duty doctrine works:

General Duty vs. Specific Duty: If the government’s duty is to the general public, they are typically not liable. But if the duty is to an individual, liability may apply.

Governmental Functions: Duties like emergency services or issuing building permits are considered governmental and usually not grounds for a lawsuit.

Exceptions to the Doctrine: There are situations where the government can be held accountable. We’ll explore these in the next section.

 

Are There Any Exceptions To The Public Duty Doctrine?

Even if the government’s duty is to the public, there are exceptions where they might still be liable:

Special Relationship: If there’s a direct interaction where the government provides explicit assurances to an individual, creating a specific duty. For example, if a 911 dispatcher assures someone that help is on the way, a special relationship may be established.

Legislative Intent: If a law clearly intends to protect a specific group of individuals, not just the general public.

Failure to Enforce: If the government fails to enforce a statute designed to protect a certain class of individuals, and this failure leads to harm.

Rescue Doctrine: If the government undertakes a rescue operation and performs it negligently, leading to further harm.

 

Let’s Take A Look At Norg v. City of Seattle

In the Norg case, a 911 dispatcher sent emergency responders to the wrong address during a medical emergency, delaying help. The Washington Supreme Court ruled that the public duty doctrine didn’t apply because the dispatcher had given specific assurances of help, creating a duty of care.

This duty arose from common law, which requires everyone to act with reasonable care, rather than a government-specific duty.

 

When to File a Claim Against the Government

If you believe a governmental entity caused harm due to negligent actions, you may be able to file a negligence claim. Here’s what you need to know:

Identify the Responsible Party
Determine if a local government, state agency, or government employee was responsible.

File a Notice of Claim
Washington law requires you to submit a Notice of Claim to the government agency before filing a lawsuit. This step is time-sensitive and must be completed within 60 days of the incident.

Understand Time Limits
Most government-related personal injury claims in Washington have a three-year statute of limitations, but some cases may have shorter deadlines.

Legal Complexity
The doctrine’s application can be nuanced, making it crucial to work with an experienced Washington State government liability attorney.

 

Here Are The Implications For Washington State Residents

For residents of Washington State, the public duty doctrine means that while government entities perform various services for the public good, they aren’t always liable for failing to protect individual members of the public.

The public duty doctrine serves to balance holding government entities accountable and protecting them from excessive liability. Understanding this doctrine is crucial, especially when considering legal action involving governmental negligence. If you believe you’ve been harmed due to a government entity’s actions or inactions, it’s essential to consult with a legal professional experienced in Washington State law to assess your situation accurately.

 

Need Legal Help?

Filing a claim against a government entity can be complicated, especially with laws like the public duty doctrine in place. Rush, Hannula, Harkins & Kyler PLLC have a deep understanding of Washington State laws and a proven track record of success in holding governments accountable.

Contact us today for a free consultation and let us help you navigate your claim.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult with a qualified attorney.