A premises liability case holds a property owner liable for any damages resulting from an injury sustained on the property of that individual or organization. Owners who occupy a property in every state must make an excellent effort to keep it safe for visitors. Premises liability occurs when the property is not kept secure for guests.
If you were injured another person’s property, a Tacoma premises liability lawyer may be able to help hold the responsible party liable. A seasoned personal injury attorney at The Ye Law Firm could handle the legal elements of your claim while you focus on your recovery.
Under RCW 4.24.210, property owners owe a duty of care to visitors while they are on their property. However, the specific level of care owed by a property owner to a visitor is based on the legal classification of that visitor. For example, a person visiting a friend’s home with the owner’s consent is considered a licensee.
Second, a person who is invited for the purpose of doing business is considered an invitee. A typical scenario of this would be a customer at a store or restaurant. The invitee classification is also sometimes further defined as a business invitee when the property itself is considered to invite the general public to engage in activities.
Lastly, the least secure form of a visitor is a trespasser.
Trespassers, by all means, have no right to be present on the property owner’s premises. A trespasser is on someone else’s property without permission, and they are generally considered to assume any risks to injury by trespassing. However, they are still afforded some legal protections under the law in some cases.
Since all forms of visitors have some form of protection under the law, landowners in Tacoma have legal responsibilities to keep their properties in good repair. Structural flaws, such as dangerous elevators or escalators, stairs with loose railings or steps, and ceiling or balcony collapses, are some of the more common premises liability cases. A premises liability is caused by poor maintenance, such as damp and slippery surfaces.
Subsequently, hazards on the premises aren’t necessarily found inside. To avoid dangerous conditions, property owners are responsible for exterior maintenance. Hazards may include dangerous conditions on sidewalks, fencing, railings, and the like. Given the myriad of potentially hazardous conditions for which a property owner is responsible, it can be valuable to hire a Tacoma-based premises liability attorney to evaluate the merits of your case.
Under RCW 4.24.210(4)(ii)(b), The law also recognized the unique danger many hazardous conditions pose to children. Swimming pools are often cited as a common premises liabilities scenario for children. Although gates and pool covers can provide some protection, swimming pools are considered “attractive nuisances” in liability situations.
An attractive nuisance is a condition that would garner the attention of a child, and unattended swimming pools seemingly attract children in particular. Therefore, landowners must also consider if the possible costs of swimming pools, both in terms of catastrophe and financial liability, are worth the risks.
Victims of premises liability accidents in Tacoma are entitled to complete and equal restitution for their losses. Due to the potentially significant financial impact, premises liability claims are well-known for being fiercely fought by businesses and insurance firms.
However, an experienced Tacoma premises liability litigator can assist in obtaining the damages. Damages is the legal term for compensation meant to restore a victim to the state they were in before an accident occurring. In Tacoma, a those who were injured in a premises liability accident may recover damages for:
A premise accident can cause serious injuries such as head trauma, broken bones, scrapes and lacerations. When an accident occurs, hold the negligent party accountable. A Tacoma premises liability lawyer could help you build a case and fight for compensation. Call today to learn more about how the legal team at The Ye Law Firm could help your case.