Common Claims and Related Elements
To prove someone is liable to you for negligence, you must prove:
1. The person (natural or corporate person) did something that a reasonably careful person
would not do under the same or similar circumstances, or did not do something that a
reasonably careful person would have done under the same or similar circumstances.
2. What this person did or failed to do produced in a direct, unbroken sequence your injury,
harm or damages, and otherwise you would not have been injured, harmed or damaged.
3. The monetary value of your injuries, harm or damages (examples are medical expenses,
losses of earnings or employment or opportunities, loss of use of property, costs to repair
or replace things or services, as well as pain, suffering, inconvenience, mental anguish,
disability or disfigurement, emotional distress, loss of companionship, injury to
reputation and humiliation, destruction of the parent-child relationship, etc.)
To prove someone is liable to you for breach of contract, you must prove:
1. The person (natural or corporate person) entered into a contract with you.
2. This person breached a material term or terms of the contract in one or more ways.
3. You did not breach the contract, had performed or offered to perform your obligations
under the contract, or were excused from performing your obligations.
4. The breach caused you damages.
5. The amount of your damages.
To prove someone is liable to you for fraud, you must provide strong evidence to prove:
1. The person (natural or corporate person) made a representation of existing fact;
2. The fact represented was material;
3. The representation was false;
4. The person knew the representation was false;
5. You did not know the representation was false;
6. The person intended that you would act on the representation;
7. You had a right to rely on the truth of the representation;
8. You did rely on the truth of the representation; and
9. You were damaged by reliance on the representation.
To prove someone is liable to you for negligently misstating information, you must provide
strong evidence to prove:
1. The person (natural or corporate person) supplied false information for the guidance of
others in their business transactions;
2. This person knew or should have known that the information was supplied to guide you
in business transactions;
3. This person was negligent in obtaining or communicating the false information;
4. You relied on the false information;
5. Your reliance on the false information was reasonable; and
6. The false information caused damages to you.
To prove someone is liable to you for misappropriating trade secrets, you must prove:
1. You had a trade secret;
2. The person (natural or corporate person) misappropriated your trade secret;
3. The person’s misappropriation caused damages to you or caused the person to receive
money or benefit that should in fairness belong to you.
To prove someone is liable to you for not disclosing information, you must provide strong
evidence to prove:
1. The person (natural or corporate person) had a duty to disclose to you specific
information;
2. This person did not disclose this information to you;
3. The person was negligent in not disclosing this information;
4. If the information were disclosed, you would have acted differently; and
5. You were damaged by the failure to disclose the information.
To prove someone is liable to you for violating Washington State’s Consumer Protection Act,
you must prove:
1. The person (natural or corporate person) engaged in an unfair or deceptive act or practice;
2. The act or practice occurred in the conduct of the person’s trade or business;
3. The act or practice affects the public interest;
4. The act or practice injured your business or property in some way, even if minimally.
To prove someone is liable to you for wrongfully interfering with contract, you must prove:
1. The person (natural or corporate person) knew the existence of a contract you had with a
third person;
2. This person intentionally induced or caused the third person to breach the contract with
you;
3. The interference was for an improper purpose (i.e., with an intent to harm you) or by
improper means (i.e., violates some law, regulation, or an established standard of the
trade or profession);
4. The interference caused you damages.
To prove someone is liable to you for wrongfully interfering with business expectancy, you must
prove:
1. The person (natural or corporate person) knew the existence of a business relationship or
expectancy with a probability of future economic benefit to you;
2. This person intentionally induced or caused the business relationship or expectancy to
terminate;
3. The interference was for an improper purpose (i.e., with an intent to harm you) or by
improper means (i.e., violates some law, regulation, or an established standard of the
trade or profession);
4. The interference caused you damages.
Washington State Department of Labor and Industries enforces Washington labor laws. You can file a claim online by using the link below. You will see detailed instructions, documentation you need and examples. You might also want to click on the “Workers’ Rights” tab near the upper right-hand corner (2nd tab from the right) to learn more about your rights.
https://secure.lni.wa.gov/wagecomplaint/#/
The US Department of Labor, Wage and Hour Division, enforces the federal labor laws. Use the
following link to learn how to file a complaint with them and what you need to do.
https://www.dol.gov/whd/howtofilecomplaint.htm
If the state and/or federal enforcement agencies can help you by investigating the facts and establishing what she believes happened, it will be the most cost-effective way to pursue yourclaims as you do not need to pay them any attorney fees.