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Negligence Doctrine: Pure Comparative Negligence

Circuit # 9

Med Pay Subrogation - Yes

PIP Subrogation - Yes

Statute of Limitations

Statute of Repose: Products 12 years
Statute of Repose: Real Property 6 years
Breach of Contract (Written) 6 years
Personal Property N/A
Intentional Acts 2 years
Negligence Claim 3 years
Personal Injury N/A
Intentional Acts 2 years
Negligence Claim 3 years
Medical Malpractice 1 or 3 years
Warranty 4 years


Sue Owner for Negligence - YES - Negligent Entrustment

Suspend Owner's License - NO

Deductible Reimbursement

Dollar One (Insured Made Whole) State
R.C.W.A. § 284-30-393


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

Limited to greater of 25% of disposable earnings or 30 times the federal minimum wage

Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $5,000
Liability imposed when child willfully or maliciously injures person or defaces or destroys property

Subrogation by Landlord's Carrier against Tenant

No, unless lease clearly allows subrogation

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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