Seattle Premises Liability Attorneys
Property Owner Negligence & Liability in Washington
In Washington State, property owners—including landowners, private homeowners, commercial property owners, and government/municipal entities—can be held liable for injuries and damages sustained on their properties when those injuries and damages were the result of negligent or wrongful conduct. This includes poor property maintenance and failure to warn of, repair, or remove dangerous property conditions or hazards.
If you or your loved one suffered severe injuries caused by unsafe conditions on someone else’s property, reach out to Emery Reddy Serious Injury Department today. Our Seattle premises liability lawyers have helped thousands of clients and have recovered more than $200 million on behalf of the severely injured and their families. Our premises liability practice includes cases involving serious slip and falls, swimming pool accidents, negligent security, dog bites, and other property-related incidents. We focus on helping catastrophic injury victims and their families fight for the full, fair compensation they are owed.
Learn how our team can help you with your case; contact us online or call (206) 202-2562 for a free, no-obligation consultation today.
When Are Property Owners Liable for Injuries?
There are several things you must prove in order to have a case against a property owner:
- Injury: First, to have a premises liability case, you must prove that you (or your loved one) suffered an actual injury, leading to measurable damages. These damages can be economic or non-economic and may include things like medical expenses, lost wages, and pain and suffering.
Duty of Care: You must prove that the property owner had a legal responsibility to prevent
you (or your loved one) from suffering a foreseeable injury. This is known
as a “duty of care. In Washington, property owners owe varying duties
of care to different types of property visitors:
- Invitees: Those expressly or implicitly invited to a property for the mutual benefit of the property owner and visitor, typically business purposes, are owed the highest duty of care
- Licensees: Those who are legally on the property, whether with the invitation or tolerance of the property owner, are owed the second-highest duty of care by property owners in Washington
- Trespassers: Individuals who do not have the property owner’s permission to be on the property (also known as “unlawful entrants”) are owed the least duty of care; property owners must only refrain from causing willful or wanton injury
- Breach: You will also need to prove that the property owner breached the duty of care. This may include proving that the property owner negligently failed to adequately maintain the property or negligently failed to remove, repair, or warn visitors of dangerous conditions or hazards.
- Causation: Lastly, you must prove that the direct or proximate cause of your or your loved one’s injuries was the property owner’s breach of the duty of care. In other words, you must prove that, had the property owner upheld the duty of care, you or your loved one would not have been injured.
Shared Fault in Premises Liability Cases
Property owners will often dispute premises liability claims by arguing that the injured party (or “plaintiff”) was to blame for the incident that caused their injury. According to Washington’s pure comparative negligence rule, sharing some of the blame does not bar you from seeking compensation for your damages. However, if you are found to be partially at fault, the amount you are seeking in damages will be reduced according to your percentage of fault.
Examples of common arguments used by property owners and other liable parties to dispute fault and/or liability include:
- The dangerous condition or hazard was “open and obvious,” meaning the plaintiff should have been aware of it and taken the necessary measures to avoid it
- There were sufficient warnings in place, such as signs or sectioned-off areas of the property, regarding the existence of the dangerous condition or hazard
- The plaintiff did not pay attention to where they were walking and/or their surroundings, leading to the incident or injury
- The plaintiff did not have the proper attire (protective clothing or equipment, correct footwear, etc.) when visiting the property
If you or your loved one is found partially at fault for the accident, it could mean a difference in tens or even hundreds of thousands of dollars in recovery. It is critical that you discuss your legal rights and options with an experienced personal injury attorney, like those at Emery Reddy Serious Injury Department. Our team can protect your rights and advocate for the maximum compensation you are owed.
Types of Premises Liability Cases We Handle
Our firm has dedicated its practice to helping victims of severe bodily injury, as well as the surviving family members of those wrongfully killed due to the negligence of others. We focus on complex premises liability litigation involving catastrophic injuries and wrongful deaths arising from all types of accidents and related incidents.
Our Seattle premises liability lawyers frequently handle cases involving serious:
- Slips, trips, and falls
- Construction defects
- Structure collapses
- Swimming pool accidents
- Dog bites/animal attacks
- Assaults and other criminal acts
- Negligent security
- Amusement park accidents
- Elevator and escalator accidents
- Inadequate property maintenance
- Defective conditions
We have brought cases against private property owners, as well as large commercial entities and government agencies. Nearly all of our attorneys have experience in insurance defense litigation, something they now use to effectively advocate for victims of serious property accidents and related events. We also have extensive experience handling cases involving “attractive nuisance” laws, including child injury and wrongful death claims arising from unsafe property conditions and features.
Our attorneys understand the immense impact catastrophic injuries have, not only on victims but on their families and loved ones, as well. We believe that you deserve justice, and we are here to help you hold the liable party accountable for your and your loved one’s damages. There are no fees for you unless we win your case.
Request a free initial consultation with a member of our team; call (206) 202-2562 or contact us online today to get started.