Premises Liability Lawyer In Washington State

What is premises liability?

Generally speaking, personal injury cases are based (at least in part) on the negligence of one or more “at-fault” parties — such as an inattentive driver in a car accident or the owner of an off-leash dog who bites a jogger, for example.

Premises liability is a concept that covers cases where an injury or wrongful death was the result of unsafe conditions that occurred on someone’s property.

What are the most common types of premises liability cases?

• Traumatic brain injury (TBI) caused by unsafe conditions, like a blow to the head following a slip and fall on a hard floor.
• Spinal cord injuries are commonly caused by falls, particularly in wet and/or icy conditions.
• Accidents and injuries at public accommodations like amusement parks, shopping malls, stores, office buildings, restaurants, etc.
• Dog bites in public parks or private businesses.

If I’m hurt on someone else’s property, does premises liability always apply?

Generally speaking, for Washington premises liability courts look at the status of the visitor to the premises. For example, a visitor may be considered the following:

• Licensee – If you don’t have express permission to be on someone else’s property, you may be considered a “licensee.” Examples might be a traveling door-to-door salesperson. 
• Invitee – Invitees are those who enter a property for the owner’s benefit. Think shopping in a store or going to the dentist’s office. Property owners are responsible for keeping their premises safe for invited visitors.
• Trespasser – If you don’t have permission to be on another person’s property (and you’re not a licensee/invitee), the property owner likely has a decreased “duty of care” to protect you. They may not, however, go out of their way to wilfully injure a trespasser (no booby traps).

Are Washington’s premises liability laws different for kids?

Yes, there is a concept known as an “attractive nuisance.” Children, even when trespassing, are protected from injury caused by these so-called “attractive nuisances.” These are things like:

• Swimming pools without fences
• Uncovered wells
• Railroad tracks
• Construction sites

Is the property owner always at fault in case of an injury on their property?

No. Premises liability can be very challenging, especially for attorneys who do not specialize in personal injury cases or who have little experience in premises liability cases. 

Some cases have proof difficulties in situations of “obvious and open dangers.” These are situations where a hazard is present but is so easily recognizable/obvious that the person on the property should take care to protect themselves from that danger.

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