# RCW 5.40.050: RCW 5.40.050: Breach of duty—Evidence of negligence—Negligence per se

> Washington · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T5_C40_S050

## Section

- **Citation:** RCW 5.40.050
- **Heading:** RCW 5.40.050: Breach of duty—Evidence of negligence—Negligence per se
- **Jurisdiction:** Washington
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Code / Title 5 / Chapter 40 / Section 050

## Text

A breach of a duty imposed by statute, ordinance, or administrative rule shall not be considered negligence per se, but may be considered by the trier of fact as evidence of negligence; however, any breach of duty as provided by statute, ordinance, or administrative rule relating to: (1) Electrical fire safety, (2) the use of smoke alarms, (3) sterilization of needles and instruments used by persons engaged in the practice of body art, body piercing, tattooing, or electrology, or other precaution against the spread of disease, as required under RCW 70.54.350 , or (4) driving while under the influence of intoxicating liquor or any drug, shall be considered negligence per se.

## Nearby sections

- [RCW 5.40.010 RCW 5.40.010: Pleadings do not constitute proof.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T5_C40_S010.md)
- [RCW 5.40.020 RCW 5.40.020: Written finding of presumed death as prima facie evidence.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T5_C40_S020.md)
- [RCW 5.40.030 RCW 5.40.030: Proof of missing in action, capture by enemy, etc.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T5_C40_S030.md)
- [RCW 5.40.040 RCW 5.40.040: Proof of authenticity of signature to report or of certification.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T5_C40_S040.md)
- [RCW 5.40.050 RCW 5.40.050: Breach of duty—Evidence of negligence—Negligence per se.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T5_C40_S050.md)
- [RCW 5.40.060 RCW 5.40.060: Defense to personal injury or wrongful death action—Intoxicating liquor or any drug.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T5_C40_S060.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T5_C40_S050. Check the current official text before relying on it. Not legal advice.