What are the legal defenses available to a professional sued for professional negligence?

When a professional is sued in Washington for professional negligence, they may use a variety of legal defenses to protect their interests. These legal defenses may be used to avoid liability or to reduce the amount of damages for which the professional is liable. The most common defense is that the professional did not owe the plaintiff a duty of care. Professional negligence is an action taken when a person has breached a duty of care owed to a plaintiff. If the professional had no such duty, then the claim for negligence fails. Another defense is that the professional is not actually responsible for the plaintiff’s harm. This defense is most often used when the professional was not in control of the situation that caused the harm, or if the harm was caused by actions of a third party. The professional may also argue that they did not breach their duty of care. This is often called the standard of care defense, and it means that the professional acted as a reasonable professional would in the same circumstances. Lastly, the professional may argue that even though they did breach their duty of care, the plaintiff’s damages were not actually caused by their actions. In other words, the plaintiff could not prove that their losses were actually related to the professional’s negligence, so the claim for damages should fail. These are just a few of the legal defenses that a professional sued for professional negligence may use in Washington. Ultimately, the question of whether these defenses will be successful will depend on the specific circumstances of each case.

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What are the legal defenses available to a professional sued for professional negligence?

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