Premises liability refers to the legal responsibility that property owners and operators have to ensure their premises are safe for visitors. If you suffered harm on someone else’s property due to their negligence or wrongdoing, it could be legal grounds for a premises liability case.
A premises liability lawyer can help you navigate the complexities of your case, gather evidence, and ensure you receive the compensation you deserve. To consult with an experienced premises liability lawyer in Washington state, contact Jacobs and Jacobs Personal Injury Law. We will schedule a free consultation for you so you can understand your legal options without any obligation.
If you choose to hire us, you can benefit from our contingency fee structure, which means you pay nothing unless we win your case. We believe everyone deserves access to quality legal representation without the burden of upfront costs.
How to Know If You Have a Premises Liability Case
- Were you injured on someone else’s property? – If you suffered injuries on private, commercial, or public property, you may have a case.
- Was the property owner negligent? – If the owner failed to maintain the premises or ignored hazardous conditions, they may be liable.
- Were you legally on the property? – In most cases, invitees and licensees have legal grounds to sue, but trespassers typically do not, except in certain situations.
Understanding Responsibility of Property Owners
The duty of care of a property owner or operator varies based on the visitor’s status. The invitees, such as customers on a premises, receive the highest care, including regular inspections. Licensees, such as social guests on the site, must also be warned of known hazards.
Trespassers receive minimal care. While owners aren’t required to ensure their safety. However, they cannot willfully harm trespassers and must address known dangers if children are likely to trespass. This is referred to as the attractive nuisance doctrine.
Why Choose Jacobs and Jacobs Personal Injury Law for Your Premises Liability Case?
Hiring an attorney for a premises liability case is hugely beneficial. However, to truly benefit from having an attorney on your side, you need to choose the right attorney. Jacobs and Jacobs Personal Injury Law has been a trusted name in Washington State for decades.
We have extensive experience in all types of personal injury cases, including premises liability cases. Our team of highly skilled attorneys is knowledgeable in premises liability law, allowing us to build strong cases for our clients.
One of the reasons we have a proven track record of success is that we take a personalized approach to each case. We take the time to understand your situation and provide tailored legal strategies to meet your needs. From the initial consultation to the final resolution of your case, we handle every aspect of the legal process.
By choosing Jacobs and Jacobs Personal Injury Law, you’re choosing a firm dedicated to protecting your rights and securing the best possible outcome for your premises liability case.
Challenges of Premises Liability Claims
Premises liability claims come with several challenges. Determining fault requires thorough evidence collection, expert testimony, and legal knowledge. Proving that the property owner knew or should have known about the hazard can be particularly difficult. Additionally, insurance companies often deny or minimize claims to avoid paying full compensation.
They may argue that the victim was at fault or that the hazard wasn’t foreseeable. Victims must show that the property owner knew or should have known about the hazard and failed to take appropriate action. This requires detailed evidence and a strong legal strategy to prove negligence effectively.
How Our Firm Helps
Our personal injury law firm can help you overcome the challenges in your premises liability case. We understand that premises liability cases can be complex, involving intricate legal and factual issues. Our dedicated team of attorneys is equipped to handle these challenges and advocate for your rights.
Our process begins with a thorough investigation of the incident to help us gather evidence. We also review all the evidence that you may have gathered. Our attorneys analyze the facts and applicable laws to determine liability and identify potential defendants.
If an insurance company is involved, we can handle the negotiations with them to ensure we secure the maximum possible compensation for your injuries. If a fair settlement cannot be reached, we’re prepared to take your case to court and advocate for your rights in front of a judge and jury. Our team will guide you through each step of the legal process, ensuring you have personalized support to help you navigate the legal complexities of your premises liability case.
What to Do After a Premises Liability Injury
If you have been in a premises liability accident, you need to take a few key steps to protect your rights and strengthen your case. First, ensure you seek medical attention immediately, even if your injuries seem minor. Several types of injuries may appear minor or not show any symptoms after the accident. However, if left untreated, these injuries can worsen.
Getting timely medical evaluation is also important for your case. It helps establish a medical record of your injuries. If you don’t get a medical check immediately after the accident, the opposing party may argue that your injuries weren’t serious enough to warrant compensation.
After seeking medical care, try to gather as much evidence as possible from the accident scene. Take photographs of the hazardous conditions that caused your injury, such as wet floors, broken stairs, or inadequate lighting. If there were any witnesses present, obtain their contact information and ask for their statements regarding the incident.
You may also need to report the accident to the property owner or other parties operating the premises. Reporting the accident to the property owner or responsible parties is crucial, as it creates an official record of the incident and demonstrates that you took reasonable steps to address the situation. It also helps you fulfill legal and insurance requirements. Prompt reporting helps protect your rights and strengthens your premises liability case.
Keep meticulous records of all expenses and losses related to the accident, including medical bills, rehabilitation costs, lost wages, and any other financial impacts. These records will help quantify your damages and support your claim for compensation.
If the incident is covered by an insurance policy, you need to notify the company about the accident. However, avoid making any statements or signing any documents from insurance companies or the property owner without first consulting with an experienced premises liability attorney.
An attorney can provide expert guidance; however, for you to fully benefit from the skills and experience of the attorney, you need to engage them early in the process. Acting promptly and following the above-mentioned steps can strengthen your premises liability case and improve your chances of a successful outcome.
Common Types of Premises Liability Cases in Washington State
Premises liability cases encompass a wide range of incidents where property owners can be held responsible for injuries that occur on their premises. Understanding these different types of cases can help you make informed decisions about your situation and guide you in seeking the appropriate legal recourse. Here are some of the common types of premises liability cases in Washington State:
Slip and Fall Accidents
The most common type of personal injury case is slip and fall accidents. This refers to accidents where you slip, trip, or fall due to hazardous conditions on the property. Common causes of slip and fall accidents in Washington State include wet floors, uneven surfaces, poorly maintained walkways, or debris left in common areas.
Such accidents can often lead to serious injuries, such as head trauma, fractures, sprains, and spinal cord injuries. A slip and fall lawyer Washington can guide you on the legal processes for such cases.
Inadequate Security
The property owner or operator is required to provide adequate security to visitors on site. What’s considered adequate security depends on the situation. Some regions or types of premises may require a higher level of security compared to others.
Inadequate security cases typically arise when a property owner fails to implement necessary security measures, such as proper lighting, surveillance cameras, or security personnel. This lack of security can result in assaults, robberies, or other crimes on the premises.
Swimming Pool Accidents
Swimming pool accidents are a common type of premise liability case in Washington State. Property owners must ensure that swimming pools are safe and comply with local safety regulations. Failure to meet this obligation can result in drownings, near-drownings, and other injuries caused by faulty pool equipment, slippery surfaces, or inadequate barriers.
Defective Stairs, Elevators, and Escalators
Poorly maintained or improperly designed stairs, elevators, and escalators can lead to serious injuries. Defective stairs may have loose handrails, broken steps, or uneven surfaces, while faulty elevators and escalators can malfunction, causing falls, entrapments, or sudden stops.
Dog Bites and Animal Attacks
Property owners can be held liable for injuries caused by their pets if they fail to restrain or control their animals, resulting in bites or attacks. Washington is a strict liability state when it comes to dog bites, meaning that the dog owner is responsible for the bite even if they had no prior knowledge of the dog’s aggressive tendencies.
Toxic Exposure
Property owners in Washington have a duty to ensure that their premises are free from toxic hazards and to address any potential sources of exposure promptly. Exposure to hazardous substances on a property can lead to serious health issues. Toxic exposure cases can involve mold, asbestos, lead paint, or chemicals used in industrial processes.
Who Can Be Held Liable in a Premises Liability Case?
- Property Owners
- Property Managers
- Tenants
- Businesses
- Government Entities
- Contractors
- Maintenance Companies
- Landlords
- Homeowners Associations
How a Washington State Premises Liability Lawyer Can Help
An experienced premises liability lawyer Washington State can help you in all the legal aspects of the cases, including the following:
- Comprehensive Case Evaluation
- Investigation And Evidence Collection
- Legal Advice And Guidance
- Negotiation With Insurance Companies
- Litigation And Court Representation
- Handling Legal Documentation
Compensation Available for Premises Liability Victims
Economic Damages:
- Medical Expenses
- Lost Wages
- Rehabilitation and Therapy Costs
- Property Damage
- Out-of-Pocket Expenses Related to the Injury
Non-Economic Damages:
- Pain and Suffering
- Emotional Distress
- Loss of Enjoyment of Life
- Disfigurement or Permanent Injury
- Loss of Consortium
Punitive Damages (When Applicable)
These types of damages are awarded to punish the property owner for particularly egregious or reckless behavior. They’re intended to deter similar conduct in the future. Such damages aren’t commonly awarded in premises liability cases but are possible in extreme circumstances.
Frequently Asked Questions About Premises Liability in Washington State
How Long Do I Have to File a Premises Liability Lawsuit?
In Washington State, the statute of limitations for premises liability claims is two years. This means you have two years from the date of the injury to file a lawsuit. Claims against government entities may have shorter deadlines.
Can I Sue If I Was Partially at Fault?
Yes, you can still sue even if you were partially at fault for the accident. Washington follows a comparative negligence rule, which means that your compensation may be reduced by your percentage of fault.
What If the Property Owner Claims They Didn’t Know About the Hazard?
If the property owner claims they didn’t know about the hazard, it doesn’t necessarily absolve them of liability. Your Washington State property injury attorney can investigate whether the property owner should have known about the danger and whether they took reasonable steps to inspect and maintain the property
Call a Washington State Premises Liability Lawyer Today
Let us help you fight for your rights and secure the maximum possible compensation. Call Jacobs and Jacobs Personal Injury Law at 253-342-4965 for a free consultation to evaluate your case. We operate on a contingency fee basis, so you won’t incur any upfront costs. We only get paid if you win your case.