Premises Liability Lawyer in Washington

If you or someone you care about has been injured because of a dangerous or unsafe condition on someone else’s property in Washington, you may have the right to seek compensation for your injuries and losses. Property owners, businesses, landlords, and others responsible for maintaining property have a legal duty under Washington law to take reasonable steps to keep their premises safe for people who are legally entitled to be there. When a property owner or other responsible party fails to meet that duty, and someone is injured as a result, they may be held legally responsible for the harm caused. The James Hawkins Firm represents individuals injured on properties throughout Washington. Our personal injury attorneys help you understand your rights, evaluate the circumstances surrounding your injuries, and pursue the compensation you may be entitled to.

What Is Premises Liability?

Premises liability is a type of personal injury claim involving an injury caused by an unsafe condition on property. These cases extend well beyond the typical slip-and-fall. They can involve hazards created by poor maintenance, inadequate repairs, unsafe construction, insufficient lighting, dangerous property features, or other conditions that make an area unsafe.

Common premises liability accidents include:

• Slips and falls caused by wet or slippery floors.
• Falls on broken, uneven, or poorly maintained sidewalks.
• Falls from defective stairs, balconies, decks, or railings.
• Injuries caused by falling objects.
• Accidents involving potholes or damaged parking lots.
• Injuries caused by inadequate lighting or unsafe walkways.
• Accidents involving defective doors, elevators, or other property features.
• Injuries at swimming pools, recreational facilities, or other public spaces.
• Accidents caused by unsafe construction areas.
• Injuries resulting from dangerous conditions in apartment buildings or rental properties.
• Certain injuries involving inadequate security or foreseeable criminal activity.

These accidents can happen in stores, restaurants, apartment buildings, hotels, office buildings, parking lots, shopping centers, construction sites, private residences, and many other locations.

A premises liability claim is not limited to the property owner. Depending on who controlled the property and who was responsible for the condition, liability can involve a landlord, tenant, business operator, property manager, contractor, maintenance company, security company, or another party.

How Premises Liability Works Under Washington Law

Washington premises liability claims generally turn on negligence and common-law principles rather than a single statute covering every type of property-related injury. The central question is whether the person or entity responsible for the property failed to exercise the level of care required under the circumstances and whether that failure caused the injury.

The duty owed to an injured person can depend, in part, on why they were on the property. Washington law distinguishes between categories such as invitees, licensees, and trespassers, and the obligations owed to each can differ. Businesses, for example, generally have a duty to exercise reasonable care toward customers and other invitees on their premises.

Notice of a Dangerous Condition

A major issue in many premises liability cases is whether the responsible party knew or should have known about the dangerous condition.

For example, think about a customer who slips on a spill in a grocery store. If employees knew about the spill but failed to clean it or warn customers, the store’s knowledge of the hazard can be important. A different situation arises when a dangerous condition has existed long enough that reasonable inspection and maintenance should have discovered it. This is commonly called constructive notice.

The source of the hazard also matters. A business that creates a dangerous condition may be treated differently from one that encounters a hazard created by someone else. Similarly, a landlord’s, tenant’s, contractor’s, or property manager’s responsibilities can depend on their control over the area and their contractual or legal duties for maintenance and safety.

Proving a premises liability claim therefore requires more than establishing that an accident occurred. The circumstances surrounding the property and the accident must be examined, including the condition that caused the injury, who was responsible for the area, whether the hazard was known or reasonably discoverable, and what steps were taken to correct it or warn about it. Photographs, surveillance footage, incident reports, maintenance and inspection records, witness statements, medical records, and other documentation can all help establish the facts of a claim.

Who May Be Responsible for a Premises Liability Injury?

Property ownership is only one part of the analysis. Legal responsibility depends on who controlled the property, who created or maintained the dangerous condition, and what responsibilities each party had. Potentially responsible parties may include property owners, businesses, landlords, property management companies, tenants, contractors, maintenance companies, security companies, or other parties. In some cases, more than one party may share responsibility. For example, a property owner may have hired a contractor to perform maintenance. In contrast, a business operating on the property may be responsible for inspecting an area customers use. Identifying the right parties matters, especially when different companies or insurance policies are involved.

Premises Liability Injuries Can Be More Serious Than They First Appear

A fall or other property-related accident can initially seem like something a person will recover from quickly. Unfortunately, that is not always the case. A person may walk away from an accident believing they are only bruised or sore, only to develop significant pain or other symptoms in the days or weeks that follow. Some injuries can affect a person’s ability to work, care for their family, drive, sleep, exercise, or perform ordinary daily activities. Premises liability accidents can cause injuries such as:

• Traumatic brain injuries and concussions
• Head and facial injuries
• Neck and back injuries
• Herniated or bulging discs
• Spinal cord injuries
• Broken or fractured bones
• Shoulder, knee, hip, and other joint injuries
• Torn ligaments and tendons
• Nerve damage
• Internal injuries
• Soft-tissue injuries
• Severe lacerations
• Amputations
• Paralysis
• Permanent disabilities

The physical injury is only part of the picture. A serious injury can affect nearly every area of a person’s life. Someone who suffers a back or spinal injury may be unable to perform the physical requirements of their job. A traumatic brain injury may affect concentration, memory, communication, or the ability to return to work. A broken leg or serious orthopedic injury may make it difficult to walk, drive, or care for children. A permanent disability can require ongoing treatment, rehabilitation, assistive equipment, or changes to a person’s home and lifestyle. There can also be an emotional impact. Serious injuries may lead to anxiety, depression, frustration, loss of independence, fear, sleep problems, or a loss of enjoyment in activities that were once part of everyday life.

For these reasons, the value of a premises liability claim should not be based solely on the first medical bill or the initial diagnosis. Understanding the full effect of an injury may require looking at both the losses a person has already experienced and the consequences they may face in the future.