Washington Premises Liability Lawyer

Property owners are given the legal responsibility to ensure their territory is properly maintained. Whether they encounter slippery surfaces or inadequate maintenance, they should respond to these issues in a timely manner to prevent accidents and injuries. This applies to those who own a private home, business, or a public space.

Injured victims are entitled to file premises liability lawsuits to recover damages they incurred as a result of a property owner’s negligence. At West Coast Trial Lawyers, our Washington premises liability attorneys understand that dealing with an injury is stressful enough. That is why we will step in to handle the difficult tasks so you do not have to worry about anything other than your recovery. We will aggressively pursue legal action on your behalf to ensure you secure maximum compensation.

We run on a contingency-fee basis, meaning that you owe us nothing until we settle your case. To schedule a FREE consultation, you can connect with us by calling 206-222-8860 or completing our convenient online contact form.

What Is Premises Liability?

Premises liability refers to the legal principle that holds property owners accountable for injuries that occur on their territory due to hazardous conditions. This regulation applies when lawful visitors sustain bodily harm because the property owner failed to provide a safe environment or did not notify them of potential dangers.

Washington Premises Liability Law

Washington’s premises liability law varies based on a guest’s legal status, which includes: invitees, licensees, and trespassers. Let’s discuss each one below.

Invitees

Property owners owe the highest duty of care to invitees, meaning that they must actively inspect the premises and address any hazards that are present. Examples of invitees are:

• Shoppers at a grocery store
• Guests at an amusement park
• Patients receiving medical treatment at a hospital

Licensees

Licensees are lawful visitors that enter a person’s property for their own benefit. They are owed a lower duty of care compared to invitees. But, nonetheless, property owners will still need to inform them about any dangers they are aware of that the guest might not see. Those considered licensees include:

• A salesperson going door-to-door to promote a product or service
• A delivery driver dropping off a package or mail
• Utility workers who enter the property with permission

Trespassers

Trespassers are individuals who step onto someone else’s territory without permission such as burglars, uninvited guests, and curious explorers. A property owner typically does not owe a trespasser a duty of care. But, they are prohibited from causing intentional harm or ignoring conditions that are highly likely to cause serious injury. For instance, they cannot set up dangerous obstacles in areas where trespassers have been commonly entering.

Most Common Types of Premises Liability Cases

Premises liability cases can arise if unsafe property conditions trigger accidents and injuries. Below is an overview of common types of lawsuits that may be filed by an injured visitor.

Slip and Fall Accidents

Individuals who are met with slippery surfaces or poor lighting are expected to sustain a slip and fall accident. In such a case, they may be given the right to take legal action against the property owner for failing to take reasonable steps to resolve or warn about the hazard.

Dog Bites

Washington State follows a strict liability rule pertaining to dog bites, meaning that owners are held liable for any injuries the animal causes regardless of whether it has exhibited aggressive behavior in the past. In fact, the owner must have it restrained so it does not pose a threat to others who are on the property.

If they are unable to secure the dog or warn visitors of its bad temper, and it attacks someone, legal repercussions may be enforced. But, if the injured person was a trespasser or provoked the dog to harm them, the owner will either be partially responsible or be exempt from accountability. Cases like this require thorough investigation to determine what would be the most reasonable outcome.

Negligent Security

Property owners have a duty to make sure their territory is safe for guests to enter. If inadequate security measures contribute to an injury, the property owner will face legal consequences for their carelessness. Common scenarios of negligent security include the following:

• Insufficient surveillance cameras
• No security personnel
• Broken security systems

Parking Lot Accidents

A parking lot owner has a duty of care to ensure the area is risk-free for motorists to occupy. If dangerous obstacles are present, the owner must address the problem to prevent injuries from occurring. But, if no reasonable action is taken, they will be held liable for accidents that take place in the parking lot. Some issues that can contribute to such accidents are:

• Poorly designed lots
• Lack of proper lighting
• Inadequate signages

Common Injuries That Lead to a Premises Liability Claim

Individuals who sustain premises liability injuries due to dangerous conditions can sue the property owner for negligence. Common forms of bodily harm that may influence guests to file a lawsuit include:

• Broken bones
• Brain injuries
• Internal injuries
• Spinal cord injuries

Does Homeowners Insurance Cover Accidents?

Homeowner insurance can cover accidents in some cases, depending on the terms of the policy. Let’s take a closer look at what types of coverage can help with accidents that take place on a person’s property.

Liability Coverage

Liability coverage covers accidents and injuries that happen on your territory. If a guest is injured due to a property owner’s negligence, this will help pay for their medical expenses, lost income, and other legal costs if they decide to sue.

Medical Payments Coverage

Medical payment coverage will compensate for minor injuries sustained on your property regardless of fault. The limit usually ranges between $1,000 and $5,000 per occurrence. This particularly applies to smaller claims with no lawsuits involved.

Dog Bite Liability Coverage

If your dog bites someone while on your property, homeowners insurance may pay for the costs under the liability coverage section. But, coverage will vary based on certain factors, like insurance policy terms, the extent of the injury, and whether the dog is a high-risk breed.

Property Damage Coverage

If an accident causes someone to endure property damage on your territory, this coverage can help compensate for it. For instance, if a visitor’s car was scratched due to tree branches hanging on your driveway, your insurance may cover repair or replacement fees.

How to Prove Negligence

To prove negligence in a premises liability lawsuit, you will need to demonstrate how the property owner failed to provide a secure environment, which was the primary cause of your injury. Be sure to incorporate the following elements into your case:

• The property owner had a legal obligation to ensure the territory was in good condition for lawful visitors
• The property owner breached their duty of care by allowing hazards to exist
• The property owner’s negligence was the direct cause of your bodily harm
• You sustained damages, like hospital bills and pain and suffering, as a result of your injuries

Consulting with a Washington premises liability lawyer can be beneficial in such a case because they can clear up any complex questions about the incident in question. They will assess the information provided, identify the liable party, and determine what necessary steps should be taken to ensure you receive a favorable outcome. 

How Long Do I Have to File a Premises Liability Lawsuit in Washington State?

Under RCW 4.16.080, you are given three years to file a premises liability lawsuit. This time limit applies to most personal injury cases, including accidents that happen on someone else’s property due to negligence.

Try to gather as much evidence as you can, and consider speaking to a premises liability attorney for legal assistance. They will help you develop a well-constructed claim, and will ensure that it is filed in a timely manner. Be sure to complete these legal obligations prior to the deadline. If you happen to exceed the statute of limitations, you will no longer be able to pursue compensation.

Damages Available in a Premises Liability Case

In a premises liability case, damages will vary depending on the following factors:

• The severity of your injury
• Degree of fault
• Current and future medical bills
• Lost wages and earning capacity

To get a rough estimate of what you could be entitled to, you can use our personal injury settlement calculator by applying the expenses you incurred. However, generally speaking, compensatory damages are awarded in such a case. This compensates injured parties for the losses they endured as a result of the property owner’s negligence. It is divided into two categories: economic damages and non-economic damages.

Economic damages are tangible costs that can be measured in monetary terms, including:

• Medical expenses
• Lost income
• Property damage

Non-economic damages are subjective, non-monetary losses that do not have financial value, such as:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Our Washington Premises Liability Lawyers Are Here to Help

Premises liability claims are filed to punish the property owner for failing to comply with legal obligations, and causing visitors to suffer injuries as a result. Victims are encouraged to reach out to West Coast Trial Lawyers for guidance and support. Our Washington premises liability attorneys will help you understand what legal options you have available, and will develop a strategic approach with your needs and priorities in mind to ensure you are satisfied with the results of the lawsuit.

To schedule a FREE consultation, you can reach out to us by calling 206-222-8860 or filling out our ​​easy online contact form.