Kim v. Budget: Washington Supreme Court Clarifies Negligence and Duty of Care
The Washington Supreme Court’s decision in Kim v. Budget Rent A Car Systems, Inc. is a pivotal moment in how the state approaches negligence and duty of care. This case clarified whether a business can be held liable for injuries caused by a stolen vehicle—and what duty exists when third-party criminal acts are involved.
This article explains the impact of the Kim v Budget negligence ruling, focusing on duty of care, foreseeability, and proximate cause in Washington law.
Background of Kim v. Budget: A Case of Foreseeable Harm?
In this case, Young Kim suffered serious injuries when a stolen car from Budget Rent A Car struck his vehicle. The thief had taken the car from Budget’s lot after employees left it running and unlocked with the keys inside. Kim sued Budget for negligence, arguing that the company’s carelessness created the conditions for the crime and his resulting injuries.
Legal Issue: Does Budget Owe a Duty of Care?
The key legal question was whether Budget owed a duty of care to Kim, even though the harm was caused by a criminal third party. Under Washington law, a plaintiff must show:
- A duty of care existed
- The duty was breached
- The breach was the proximate cause of the harm
The general rule is that there’s no duty to prevent criminal conduct by others—unless the harm was foreseeable or a special relationship existed.
Court’s Holding: Foreseeability Triggers Duty
In a significant ruling, the Washington Supreme Court found that Budget did owe a duty of care. The Kim v Budget negligence ruling emphasized that the theft and crash were foreseeable because:
- Budget had left multiple vehicles unlocked and unattended
- The location had a history of car theft
- Employees failed to follow standard security practices
Because the risk of harm was foreseeable, the court concluded that Budget could be held liable for negligence.
🔗 RCW 46.61.600 – Washington’s Law on Unattended Motor Vehicles
📞 Need Legal Help with a Negligence or Injury Claim?
If you or someone you know has been injured due to negligence—whether involving a business, property owner, or vehicle—you don’t have to navigate the legal system alone. Call Blanford Law at (253) 720-9304 or email ken@blanfordlaw.com for experienced, strategic representation throughout Washington State.
Additional Resources
⚖️ Negligence and Duty of Care in Washington
- Understanding Negligence in Personal Injury Cases in Washington State
- Proximate Cause in Washington Personal Injury Cases
- Negligent Security and Premises Liability in Washington
- RCW 46.61.600 – Washington’s Unattended Vehicle Law
🧑⚖️ Notable Washington Court Cases
- Gregoire v. City of Oak Harbor – Inmate Suicide & Legal Responsibility
- Regan v. McLachlan – Bail Bond Forfeiture and Legal Interpretation
- State v. Hinds – Mitigating Factors in Criminal Law
- I-90 at Snoqualmie Pass Reopens – Legal Implications of Road Closures