Unsafe property conditions can lead to serious injuries

If you were hurt on someone else’s property due to unsafe conditions, you may be entitled to compensation. These types of cases fall under what’s known as premises liability. At Gehrmann Injury Law, we help clients throughout Washington understand their rights, navigate the legal process, and recover damages for injuries caused by negligence.

What is premises liability?

Premises liability refers to personal injury cases where a person is harmed due to unsafe conditions on another party’s property. These cases often involve:

• Negligent maintenance
• Poor lighting or security
• Hazardous surfaces
• Lack of signage for potential dangers

When someone is injured because a property owner failed to take reasonable steps to ensure safety, they may be entitled to compensation under Washington law.

Common types of premises liability claims

• 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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