Colburn Law
Seattle Premises Liability Lawyer
Premises Liability refers to the idea that property owners must act reasonably in relation to a property’s upkeep and care. This legal concept comes into play when someone is injured as the result of an unsafe or defective condition on another’s property. Like most other forms of personal injury cases, premises liability is rooted in the legal theory of negligence.
To successfully litigate a premises liability case, the plaintiff (injured person) must prove the owner of a property was negligent in its ownership and maintenance. In other words, a property owner knew or should’ve known about an unsafe condition, but he or she did nothing to remedy it. A Seattle premises liability attorney at Colburn Law Firm can help you navigate this complex landscape – call for a free consultation today to begin your fight toward proper compensation.
Types of Premise Liability Cases in Seattle
Premises liability is a broad term that can encompass many types of scenarios. Here are some of the most common types:
- Slip and fall or trip and fall cases
- Swimming pool accidents
- Snow and ice injuries
- Dog bites
- Fires
- Elevator and escalator injuries
- Amusement park injuries
- Defective Conditions
- Incidents arising from inadequate security
- Toxic chemicals (such as asbestos or lead in a rental property)
Slip and fall incidents are the most common type of premises liability law case, so much so that premises liability is also called slip and fall liability. An example of a slip and fall case might be slipping and breaking your arm in a grocery store because of standing water. It might also involve slipping and falling on ice in front of a business. In both examples, a property owner should know about these issues, gain a fuller understanding of premises liability, and take care to solve them before an injury happens. It is the job of a Seattle premises liability lawyer to help analyze the facts of the accident and injuries to help the victim seek the justice they deserve.
Proving Negligence in a Seattle Premise Liability Case
Proving someone was negligent in the upkeep or ownership of their property for a premises liability claim requires four things:
- Sufficient evidence that the owner knew or should have known an unsafe condition existed. In our grocery store example, security footage might show an employee walking past a puddle.
- Proof the owner didn’t remedy the situation. For example, the employee who walked past the puddle didn’t mop it up.
- A link between their negligence and your injuries. In our example, you slipped, fell, and broke your arm. Documenting where the fall happened will help your case.
- Proof of damages. Lastly, you’ll have to show you incurred damages as a result. If you slipped on the spill and bruised your tailbone, there is likely to be no damages because there was no need for a doctor or time away from work. Examples of damages include medical bills, lost wages, and pain and suffering.
What are the Exceptions to the Duty of Care Rule?
Generally speaking, business owners owe a duty of care to their patrons. In some situations, however, the owner doesn’t owe you a duty of care under Seattle premise liability law. These include:
- If you were trespassing. If you didn’t have a legal right to be on someone’s property, they can’t be liable for your injuries.
- You were committing another crime on the property. A property owner isn’t negligent if you were in the process of breaking the law.
- They were reasonably careful. If an owner knew about a situation and remedied to the best of her or his ability, the courts are unlikely to find this person responsible. Snow and ice injuries can be the trickiest to navigate. For example, if you slipped and fell on freshly fallen snow in the middle of a storm, the owner of the property probably wasn’t negligent (especially if he or she was clearing snow periodically). On the other hand, if you slipped on packed down ice from a storm three days ago, you might have a case for negligence.
Finding a Premise Liability Attorney in King County
Why Hire Colburn Law?
Premises liability law requires an expert hand. In my years as a lawyer, I’ve handled hundreds of personal injury cases successfully throughout Washington State. Now, it’s time to go to work on yours. I won’t stop negotiating until we’ve reached a settlement we think is fair – and I’m not afraid to go to trial. I have personally and successfully handled numerous premises liability cases and have worked with insurance companies, and I will use my expertise to fight on your behalf.
No one should have to pay the price for someone else’s negligence. Contact Seattle’s Greg Colburn of Colburn Law to schedule a free review of your legal options with an experienced lawyer. Let me help you get back on the road to health, hope, and financial security.
Client Testimonial: 5/5 ★ ★ ★ ★ ★
Greg went out of his way to provide guidance for my legal problem, even though it was clear he would not be taking the case. He was generous with his time and I can’t thank him enough for his advice.
-Previous Client.
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