When you’ve been injured on someone else’s property, not all claims are created equal, and it isn’t always obvious if you have a case. Often, accidents in Washington seem trivial at the time, but can be quite serious because they may happen when a property owner is negligent. At such times, it is advisable to speak with Washington premises liability attorneys to find out what your rights are and if you have a claim against the property owner.
The premises liability cases are about whether a property owner negligently failed to keep their premises reasonably safe.
- Accident Was Caused by the Property Owner’s Negligence
A good case can be established when an injury was directly caused by a hazardous condition of the property. These can be a wet floor without warning, broken stairs, low lighting, irregular surfaces or unsafe walkways. These are issues that a property owner should correct or, at least, advise the visitor.
- Owner Failed to Fix or Warn
Property owners are responsible to make repairs or make a warning of a dangerous condition, if there is one. Without those, this suggests that they were negligent. For example, the spills on the floor are left uncleaned. Warning signs are also not visible. This is true for landlords who fail to fix steps that are broken, or businesses that fail to know about known safety hazards.
- You’re Permitted on the Property
The person’s status at the time of the accident is also being considered. A majority of valid claims are those involving persons who were lawfully on the premises, such as customers in retail stores, or guests in residences or tenants in apartment buildings. They have a greater duty of care to these people.
- Your Injury Needs Medical Attention
Not all accidents result in a legal action. If, however, the injury needed medical treatment, it could certainly be a significant sign that your injury may warrant an investigation. A broken bone, head, or back injury, or deep cuts, may require extensive medical attention and healing. Medical documents are also crucial as it directly aids in relating the injury to the accident.
- There Was Negligence by the Property Owner
At a minimum, all premises liability cases warrant a negligence claim. The basis for all premises liability claims is negligence. This might be when they fail to address the issues with maintenance or do not perform safety inspections or fail to take back complaints of hazards when they repeat. Failure of the owners to take reasonable steps to prevent the injuries may lead to liability for the injuries.
- The Hazard Was There Long Enough to Be Fixed
In such cases, timing is a big factor. The more time that’s passed for a hazardous condition to exist for several hours, days or weeks, the harder the property owner will have to work to prove they didn’t know. One example is a broken handrail that wasn’t repaired after a long period of time or a leaky ceiling that results in wet floors, could mean that the owner had time to take care of it, but failed to do so.
- The Accident Happened in a Commercial or Public Place
The claim of individuals who got injured in a store, restaurant, apartment complex, parking lot or hotel can be valid. These businesses will be required to ensure that visitors have a safe environment. If they don’t, however, and someone sustains an injury due to it, they may be legally liable for the injuries.
- Proven Evidence Exist
Evidence is key to a premises liability case. Any or all of these can help explain what occurred.
- photos of the hazard
- witness statements
- security camera footage
- incident reports
- clothing you were wearing at that time
- You’re Not The Only Person Responsible
Washington adheres to a comparative fault doctrine, which allows you to still receive compensation even if you were partly responsible for the accident. You may receive a lower payout for being partly responsible, but you do not necessarily have to be denied a claim. This is significant because a lot of individuals think that they can’t really take legal action when they made a minor error throughout the event.
- Suffered Losses – Financially or Personally
Medical expenses, lost wages, and treatment expenses are actual losses that are important in a valid premises liability case. In severe cases, chronic pain, emotional stress or loss of work productivity can also be part of the syndrome. If the accident has caused you a disruption to your life or finances then you may need to consider a legal claim.
Because Legal Help Matters
Premises liability lawsuits can be more complicated than they seem. Homeowners and insurance companies may attempt to claim that the hazard was apparent, they weren’t responsible for being aware, or that the injuries were not serious. That’s why it’s so important to have a lawyer by your side in this situation.
A skilled Washington premises liability lawyer can come to your aid with the investigation, evidence collection, and insurance company negotiations. They are looking to make sure you are compensated fairly and don’t have to settle for less.