Is a professional liable for damages resulting from professional negligence even if no actual harm occurred?
In Washington, professional liability law states that a professional can be held liable for damages if they are found to have been negligent in performing their professional duties, even if there was no actual harm that occurred. This is often referred to as "strict liability." When it comes to determining if a professional is liable for damages, courts will consider the degree of care that the professional was expected to use given their level of expertise and skill. This degree of care is known as the "standard of care" for professionals. If a professional fails to meet this standard of care and there is no actual harm or injury, a court may still find that the professional is liable for any foreseeable harm that may have been avoided had they met this standard. For example, if an accountant fails to perform the due diligence required when preparing a financial statement and even though the financial statement was not inaccurate, the accountant may be found liable for damages resulting from their negligence. In this case, even though no actual harm occurred, the accountant could still be held liable for the loss of profit a client could have gained if the financial statement had been accurate. As a result, it is important for professionals in Washington to practice due care when performing their professional duties in order to protect themselves from potential liability.
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