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Premises Liability
Spokane Premises Liability Lawyer
Helping Injured Clients with Spokane Premises Liability Claims
If you have been injured due to unsafe conditions on someone else's property, you may be able to file a premises liability claim. At Maxey Law Office, our Spokane premises liability attorney can help you understand your legal options and hold responsible parties accountable for their negligence.
Our legal team brings decades of experience navigating complex premises liability cases in Spokane. From investigating the scene to gathering critical evidence, we are dedicated to building a strong case for you. Our commitment is to ensure that your rights are protected and that you receive the compensation you deserve. We aim to lighten your burden by handling the legal intricacies, allowing you to focus on recovery.
To schedule a consultation with our team, call (509) 652-3330 or use our online contact form.
What Is Premises Liability in Washington?
Premises liability is a legal term used to describe a situation in which someone is injured due to a dangerous condition or hazard on another person's property.
These cases typically involve slip-and-fall incidents, but they can also involve other types of accidents, including those involving amusement park rides, swimming pools, defective stairs, and more.
To prove a premises liability claim, you will need to show that the property owner owed you a duty of care, that they breached that duty by failing to keep the property reasonably safe, and that your injuries were a foreseeable result of that breach.
Premises liability in Washington State follows the principles of negligence law. As such, victims must gather comprehensive evidence to demonstrate how the property owner's negligence resulted in their injuries. This could include witness statements, maintenance records, and visual documentation of the hazard. Effective legal representation from a Spokane premises liability lawyer can significantly impact the outcome of your case.
Common Examples of Premises Liability Claims
- Slip and Fall: A common premises liability case is when someone slips and falls on a wet floor, uneven surface, or debris in a store, restaurant, or other public place.
- Negligent Security: If a property owner fails to provide adequate security measures, such as proper lighting or surveillance, and a person is assaulted or injured due to inadequate security, it may give rise to a premises liability case.
- Dog Bites: If a person is bitten or attacked by a dog on someone else's property, the property owner may be held liable for the injuries if they knew or should have known about the dog's aggressive tendencies.
- Elevator or Escalator Accidents: Injuries caused by malfunctioning or poorly maintained elevators or escalators can lead to premises liability claims against the property owner or maintenance company.
- Swimming Pool Accidents: Property owners who fail to install proper fencing, warning signs, or maintain safe conditions around a swimming pool can be held responsible if someone drowns or sustains injuries in or near the pool.
- Hazardous Conditions: Property owners have a duty to maintain their premises and keep them free from hazardous conditions. This can include situations such as broken stairs, loose handrails, or exposed wiring.
- Retail Store Accidents: Injuries that occur in retail stores, such as falling merchandise, collapsing shelves, or inadequate safety measures, can lead to premises liability claims.
- Amusement Park Accidents: If someone is injured on a roller coaster, water slide, or other amusement park attraction due to negligence or mechanical failure, the property owner or operator may be held liable.
Statute of Limitations for Premises Liability Claims in Spokane
In Washington, the statute of limitations for premises liability claims is typically three years from the date of the injury. This means you must file your claim within this time frame to preserve your right to seek compensation. A Spokane premises liability lawyer can ensure that all deadlines are met and that your case is handled efficiently.
Acting promptly is crucial to securing evidence and building a compelling case. Gathering medical records, securing eyewitness accounts, and retaining any surveillance footage should be done as soon as possible following an incident. By consulting Maxey Law Office soon after your accident, you can maximize your chances of obtaining the compensation needed to cover medical bills, lost wages, and other losses.
How to Establish Liability?
To succeed in a premises liability claim, you must establish that the property owner was negligent and that their negligence directly caused your injuries. This typically involves proving the following elements:
Duty of Care
Property owners have a legal duty to maintain safe conditions for visitors. The level of care owed depends on the visitor’s status:
- Invitees: Individuals who are invited onto a property for business purposes, such as customers at a store. Property owners owe invitees the highest duty of care.
- Licensees: Social guests or individuals who enter a property with the owner’s permission. Property owners must warn licensees of known hazards.
- Trespassers: Individuals who enter a property without permission. Property owners generally owe trespassers a limited duty of care but must avoid causing willful or wanton harm.
Understanding these distinctions can significantly impact how your case is handled. While the duty of care is highest for invitees, demonstrating how the property owner failed in their obligations is pivotal. A Spokane premises liability lawyer can help clarify these legal nuances and present a clear, compelling argument for your case.
Breach of Duty
You must demonstrate that the property owner failed to meet their duty of care. This could involve failing to address known hazards, neglecting routine maintenance, or ignoring safety standards.
Evidence is vital in substantiating a breach of duty. Photographic evidence, witness testimony, and expert opinions can all play crucial roles in establishing how a property owner’s inaction led to unsafe conditions. Our team at Maxey Law Office diligently investigates these aspects to construct a robust legal case for our clients.
Causation
You must establish a direct link between the property owner’s breach of duty and your injuries. This includes demonstrating that the hazardous condition was the proximate cause of your harm.
The burden of proof requires showing that had the owner taken the necessary precautions, the incident could have been avoided. Causation, therefore, rests on the ability to connect the owner’s negligence directly to the incident, further emphasizing the need for precise, evidential backing in your claim.
Damages
Finally, you must show that you suffered damages as a result of the accident. Damages may include medical expenses, lost wages, pain and suffering, and other losses.
Quantifying damages requires comprehensive documentation of both tangible and intangible losses. Medical bills, employment records, and personal testimonies detailing pain and distress all contribute to outlining the compensation you deserve. A detailed assessment by our team ensures all aspects of your suffering are considered in your claim.
Washington’s Comparative Fault Law
Washington follows a comparative fault system, which means that your compensation may be reduced if you are found partially at fault for the accident. For example, if you were 20% responsible for your injury, your total compensation would be reduced by 20%. A Spokane premises liability lawyer can help you navigate these laws and advocate for the maximum compensation available.
This system highlights the importance of minimizing any potential liability you may hold. A sound legal strategy involves mitigating such claims against you, thereby safeguarding your right to just compensation. Our approach involves careful analysis of all contributory factors to reinforce the proportion of fault where it most accurately lies.
Compensations Available in Premises Liability Cases
Victims of premises liability accidents may be entitled to various forms of compensation, including:
- Medical Expenses: Costs for emergency care, hospital stays, surgeries, medications, physical therapy, and future medical needs.
- Lost Wages: Compensation for income lost due to your inability to work during recovery.
- Pain and Suffering: Damages for physical pain, emotional distress, and diminished quality of life.
- Property Damage: Reimbursement for personal property damaged in the accident.
A Spokane premises liability attorney can help you calculate the full extent of your damages and pursue the compensation you deserve.
Though rare, compensation can sometimes include punitive damages, which are awarded in cases of gross negligence to punish the property owner and deter similar conduct in the future. Understanding your entitlements fully is integral to securing comprehensive redress for the challenges and misfortunes you've endured due to your accident.
Common Premises Liability Locations in Spokane
When it comes to premises liability cases, certain locations in Spokane, WA, are more prone to accidents. Whether it is high foot traffic in retail stores, bustling activity at local parks, or the vibrant night scenes, these areas can present various hazards. Common incidents in Spokane include those in retail settings, entertainment venues, and public parks where maintenance issues might lead to unsafe conditions.
Each location carries its unique risks, and property owners must be vigilant in identifying potential hazards. Local premises liability laws require the timely address of such hazards to protect public safety. Inadequate lighting, faulty equipment, and even seasonal conditions can lead to dangerous circumstances, making it imperative for affected parties to understand their rights under local laws.
Frequently Asked Questions
How Long Do Premises Liability Cases Take to Settle?
The duration of a premises liability case can vary based on the complexity of the circumstances and the willingness of the parties to negotiate. Some cases may be settled within months, while others might extend to years if they proceed to trial. In Spokane, many cases are resolved through negotiation, but it greatly depends on the defendant's response and the evidence available.
Can I File a Premises Liability Claim If I Was Partially at Fault?
Yes, you can still file a claim even if you were partially at fault due to Washington's comparative fault rules. However, your compensation will be reduced proportionally to your degree of fault. It is crucial to discuss the specifics with a Spokane premises liability attorney to strategize effectively and mitigate any attributions of fault.
What to Do After a Premises Liability Accident in WA?
If you have been injured on someone else’s property, taking the following steps can protect your rights and strengthen your claim:
- Seek Medical Attention: Your health and safety are the top priority. Seek immediate medical care for your injuries and follow your doctor’s recommendations.
- Document the Scene: Take photographs or videos of the hazard that caused your injury, as well as your injuries and any other relevant details.
- Report the Incident: Notify the property owner or manager about the accident and request a written report.
- Gather Information: Collect contact information for witnesses and the property owner.
- Preserve Evidence: Keep any clothing, footwear, or other items involved in the accident as evidence.
- Contact a Spokane Premises Liability Attorney: An attorney can guide you through the legal process and advocate for your rights.
Our Premises Liability Attorneys in Spokane Can Assist You
At Maxey Law Office, we are ready to help you fight for your rights. We know that you have already been through a lot, and you shouldn't have to worry about how you will make ends meet while you recover. That's why we can fight for you inside and outside the courtroom, so you can focus on what matters most.
We’ve seen firsthand how these incidents can disrupt lives, and our goal is to provide not just legal guidance, but compassionate support throughout the process. With a focus on strategic legal representation, our mission is to seek justice and secure the compensation necessary for your recovery.
Call our team at (509) 652-3330 or use our online contact form to request a consultation today.
