Seattle Premises Liability Lawyer
Please note that our services specifically address situations involving physical injuries, neglect, and abuse experienced by elderly individuals in nursing homes and other care facilities.
We do not handle cases related to financial exploitation or poor housing conditions where someone might be taking advantage of an elderly person.
Seattle Premises Liability Lawyers Fighting for Those Injured by Hazardous Conditions
Lehmbecker Law represents individuals who have suffered injuries while legally on the property of others. Often, injuries result in expensive medical bills and an inability to work, but our Seattle premises liability attorneys fight to get our clients the compensation they need to cover their medical bills, and other losses they have suffered.
To learn more about how we can help you get justice for your injuries, call our office today for a consultation.
Types of Premises Liability Cases We Handle
A valid premises liability claim may arise from a variety of situations. At Lehmbecker Law, we handle a broad range of premises liability claim cases, including:
- Slip, trip, and fall cases: Property owners must ensure their properties do not have slip and fall hazards, such as broken stair steps and slippery walkways. At the very least, they must adequately warn guests when such a hazard exists.
- Swimming pool accidents: Swimming pool accidents can occur at private residences, schools, municipal pools, and private clubs. If the pool owner fails to remedy or warn of a fall accident, an injury or drowning may occur, and they may be held liable.
- Accidents involving snow and ice: Many state and municipal laws require private and business owners to clear snow and ice from sidewalks and other parts of their property used by the public or invited guests.
- Dog bites: If you are a guest on someone's property and their dog bites you, you can pursue a claim based on premises liability, even though some states like Washington allow you to specifically seek compensation following a dog bite.
- Fires: If a property owner's negligent actions lead to a fire and injuries occur, the injured parties may seek compensation for their losses. Unpermitted burns and faulty wiring are examples of negligence that can cause a fire.
- Amusement park accidents: Amusement parks must ensure that their business is safe for the public. This means adequately maintaining and properly operating their equipment, properly training employees, and ensuring that the food and products they offer are not dangerous.
- Negligent security: Certain types of business owners must provide competent onsite security measures, especially in high-crime areas. For example, hotels, apartment buildings, and nightclubs may be required to have active security services to prevent violence against and among guests.
- Elevator and escalator accidents: With proper maintenance and care, elevators and escalators would rarely cause an accident. Unfortunately, some property owners fail to ensure that their elevators or escalators are properly maintained, resulting in injuries and death.
- Toxic chemicals: Some properties store or manufacture chemicals and other substances that are dangerous to human health. The property owner must take steps to prevent these chemicals and substances from harming anyone on or off the property.
There are many more ways that visitors can be injured because of a property owner’s negligence. For example, a visitor might trip due to inadequate lighting, be struck by a falling object, or wander into a dangerous area the owner has neglected to cordon off.
Common Injuries That Lead to Premises Liability Cases
The following types of injuries are the basis for many premises liability claims:
- Traumatic brain injuries (TBIs): Falls from heights or being struck by falling objects can result in concussions, brain contusions, or severe, debilitating TBIs.
- Spinal cord injuries: Falls, slips, and other accidents can cause spinal cord damage, leading to partial or complete paralysis and significant life changes.
- Fractures and broken bones: Slips, trips, and falls are common causes of fractures, particularly in the wrists, ankles, hips, and spine.
- Soft tissue injuries: Sprains, strains, and contusions to muscles, ligaments, and tendons can cause pain, limit the victim’s mobility, and require physical therapy.
- Lacerations and cuts: Sharp objects, broken glass, or protruding nails can cause deep cuts and lacerations, potentially leading to infections and scarring.
- Burns: Exposure to hot surfaces, chemicals, or electrical hazards can result in burns, ranging from minor to severe.
An accident on another person’s property can result in a wide range of injuries. Sometimes, a person who falls will get up and walk away unscathed. Another may deal with a fracture requiring multiple surgeries, and still another may suffer head trauma that changes their life forever.
What to Do If You Were Hurt on Someone's Property?
If you've been injured on someone else's property, taking the right steps immediately after the accident can significantly impact your ability to pursue a successful premises liability claim. Here's what you should do:
- Seek medical attention: Your health and safety are paramount. Seek medical attention immediately, even if you feel your injuries are minor. Some injuries may not be immediately apparent and require a medical professional's evaluation.
- Report the incident: Notify the property owner or manager about the accident. Ensure they create an official incident report detailing the circumstances of your injury.
- Gather evidence: If possible, collect evidence at the scene. This may include taking photos or videos of the hazard that caused your injury, getting contact information from any witnesses, and noting any relevant details about the incident.
- Avoid speaking to insurance adjusters: Insurance companies representing the property owner may contact you soon after the accident. Be cautious when speaking to them, and avoid giving any recorded statements or signing any documents without consulting an attorney first.
- Consult with a premises liability attorney: Contact an experienced premises liability attorney as soon as possible. They can help you understand your legal rights, investigate the accident, and guide you through the claims process.
Remember, time is of the essence in premises liability cases. The sooner you seek legal advice, the better your chances of building a strong case and obtaining the compensation you deserve.
Washington Premises Liability Law
Premises liability cases are governed by the personal injury laws outlined in the Revised Code of Washington. This code, along with legal precedent, gives guests the right to pursue compensation against negligent property owners and occupants after an injury. These guests include:
- Invitees: Invitees are guests who have the express or implied invitation of the property owner to enter a piece of property. The two main types of invitees are business and public — shoppers entering a store would be considered business invitees, whereas a family who enters a public park would be considered public invitees.
- Licensees: Licensees are individuals who have the implied consent of a property owner to enter a property. They include utility workers, social guests, door-to-door canvassers, and salespeople.
Trespassers are not considered guests and do not have the right to be on a piece of property at any time.
Property owners owe their invitees the highest duty of care. For this category of guests, property owners must exercise care in maintaining their property and remedying or warning of dangerous conditions they discover. If a guest is a business invitee, the owner must also ensure that the guest is reasonably safe from criminal threats.
Less of a duty is owed to licensees than to invitees. However, property owners still have a duty to ensure that licensees are not injured by hazardous conditions that the property owner knew of or should have known of.
For trespassers, there is no duty of care owed. If a trespasser slips and falls on someone's property, they cannot seek damages. However, this is not a universal rule, and property owners may be liable for trespassers’ injuries in the following limited situations.
- Attractive nuisances: This doctrine protects children who may be lured onto a property by something dangerous but enticing, like an unfenced swimming pool or construction equipment. Even if the child is technically trespassing, the property owner may still be held liable for injuries if they failed to take reasonable steps to prevent children from accessing the hazard.
- Known trespassers: If a property owner is aware of frequent trespassing on their property, they may have a duty to warn of known dangers. This doesn't mean they have to make the property safe for trespassers, but they can't intentionally create hazards or leave hidden dangers unaddressed.
- Willful or wanton misconduct: Property owners cannot engage in behavior that intentionally or recklessly causes harm to trespassers. If a property owner sets a trap or deliberately creates a dangerous situation, they could be held liable for injuries even if the person it harms is trespassing.
If you’re unsure whether your claim falls under one of these exceptions, speak to a premises liability attorney at Lehmbecker Law.
Who Can You Sue in a Premises Liability Case?
Who you sue in a premises liability claim depends on the circumstances of your accident. Generally speaking, any party who owns or manages a property can potentially be liable if you were injured and were not trespassing, including:
- Residential property owners
- Hotels
- Restaurants
- Grocery and retail stores
- Amusement parks
- Municipal agencies
- Schools and universities
- Condominiums and apartment complexes
In some cases, determining premises liability cases can be complex, making it important to acquire the services of a premises liability law firm early in the process.
Third-Party Liability Claims
Injured victims of premises liability accidents may also potentially have a claim against non-property owners, known as third parties. For example, if a defective product (such as an amusement park ride, elevator, or other product or equipment) caused injuries or contributed to your injury, you may potentially have a third-party claim against the designer or manufacturer of that product in addition to a claim against the property owner.
How to Win a Premises Liability Case
To win your case, you and your lawyer must establish a few legal elements:
- Breach of duty: You must show that the property owner failed to uphold their legal responsibility to provide a safe environment.
- Causation: You need to prove a direct link between the property owner's negligence and your injuries.
- Damages: Finally, you must have suffered actual harm as a result of the incident, such as a physical injury requiring medical care.
By proving these elements, you clearly demonstrate the property owner's negligence and its direct connection to your injuries. This may require gathering evidence like accident reports, medical records, witness statements, and expert testimony. An experienced Seattle premises liability attorney can help you build a strong case and pursue the full compensation you deserve.
Deadline for Filing a Premises Liability Claim in WA
There are strict time limits for filing personal injury lawsuits, including premises liability lawsuits. In Washington, the statute of limitations is generally three years from the date of the accident.
Failing to file your claim within this time frame can permanently bar you from seeking compensation.
Compensation Available in Seattle Premises Liability Claims
Victims of premises liability accidents can pursue compensation for various serious injuries they have suffered, for example, traumatic brain injury, broken bones, permanent disabilities, and others, including economic and non-economic losses such as:
- Medical treatment and care costs and expenses
- Lost wages and lost economic opportunities
- Burial and funeral costs
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Disfigurement and disability
- Loss of consortium
- Loss of society and companionship
Financial compensation for lost wages or loss of use of property is also available if you experience property damage.
Why Choose Lehmbecker Law Firm for Your Seattle Premises Liability Case?
Lehmbecker Law has built a solid reputation as one of Washington’s most respected personal injury law firms. Each attorney with the firm has fought hard and has recovered valuable compensation for numerous clients who have suffered premises liability injuries.
Choosing Lehmbecker Law grants you the benefit of working with a firm with:
We are ready to help you get the compensation you deserve. Call today for a free consultation.
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