Premises liability in Washington state

On Behalf of | Jul 7, 2021 | Premises Liability |

Property owners in Seattle, Washington, are required to make their property safe for anyone with permission to enter. Therefore, if you sustain injury when lawfully visiting someone’s property, you have a legal right to a compensation claim for any damages incurred. Read on to find out more about premises liability claims and how to go about it.

What is premises liability law?

Premises liability is an obligation endowed on property owners to reasonably care for their homes and ensure their safety for anyone that visits. Of course, in Washington State, there are factors that the judge will consider before making a claim viable. For instance, whether you were trespassing, a guest, or if you were also at fault in the accident, etc.

How does it work?

Under the premises liability law, injuries by dangers that weren’t obvious to you are liable for compensation by the property owner. But, under specific conditions, including:

The type of danger – If the hazard is open and obvious, the property owner is not obligated to warn the invitees and is not responsible for the injuries sustained. For example, if the grass is wet and a visitor incautiously walks on it and slips and falls, they are accountable for their injuries.

The type of visitor – You could be a public invitee, business invitee, licensed visitor, or a trespasser. The property owners have the highest duty of ensuring the safety of only invitees and authorized visitors, not trespassers. They are required to warn of any likely danger, make efforts to make the premises safe, or make the seemingly dangerous area inaccessible.

What happens if both parties are at fault?

As much as the property owner is required to make their premises safe for visitors, the invitees also have a duty to ensure their safety. So, even when you are liable for compensation, what you get will be reduced by a percentage equivalent to your fault.

Accidents can lead to physical pain and suffering, mental anguish, and financial problems. For example, it could lead to reduced earning capacity, permanent disability or lost wages. A qualified attorney could help make sure you receive the proper compensation for any harm incurred.