What is Premises Liability
A premises liability claim is one that is based on an injury on someone else’s property. An injury sustained on another’s property that was the result of a slip and fall, or the result of someone else’s negligence could lead to a premises liability claim in the state of Washington.
A property owner has legal duties of care to visitors of their land or property. What this means is that it is against the law for a property owner to not take reasonable steps to keep their property safe for visitors. This legal duty imposed on landowners changes depending on what type of visitor you are. There are four main types of visitors under premises liability law, they are:
Invitees
These are people that are invited onto the property. Most often, people are business invitees, where they are on the property to do business. An example of this would be someone grocery shopping. The shopper would be considered an invitee. A landowner has a legal duty to reasonably ensure that invitees are safe when they enter and navigate the property.
Licensees
A licensee is someone who visits or enters the property with the owner’s implied consent. A licensee is someone who is on the property for their own benefit, without any benefit to the premises owner or occupier. An example of this would be a utility company digging up your yard. The utility worker would be considered a licensee. A licensee is owed less of a duty of care than an invitee as the landowner only has to inform a licensee of a hazardous condition that the landowner knows or should know about.
Trespassers
A trespasser is someone who has no permission or legal right to be on the property to begin with. An example of this would be young adults entering a secured construction site by jumping the fence surrounding it. The young adults would be considered trespassers. A trespasser is not owed any legal duties of care. The only thing a landowner can’t do is specifically try to harm or booby trap a trespasser.
Children
A landowner must make a property safe for trespassing children who enter the land because the land has something that could attract children, such as a swimming pool. A landowner has to secure the swimming pool in some way from child trespassers who could drown. This is a special duty of care owed only to children.
If you or a loved one has suffered an injury on another’s property and is also owed a legal duty of care as one of the four types of visitors listed above, then you/they could be entitled to a money judgement. To increase the potential and value of your claim, it is recommended to follow the five steps listed below.
Five Steps to Protect Yourself After an Injury
Did you know that your actions immediately after an injury can make a big difference in the outcome of your premises liability case? There are five basic steps that you should take in order to help preserve and ultimately prove your premises liability claim:
1. Take good thorough photos of the incident scene and specifically depicting exactly where and how you were hurt.
2. Make sure an incident report is filed with the company and make sure you get a copy.
3. Get the names of all employees on duty or involved in the incident or aftermath.
4. Go to the doctor right away to have any injuries evaluated.
5. Take good and through photos of the injuries right away.
A failure to do any of these five things could have a negative impact on your claim. It is important to remember that your claim is only as good as the evidence that is backing up your claim.
If you are able to paint the appropriate picture of what happened and why you should be compensated, then you put yourself in an infinitely better position to win your premises liability case.
If you have any questions about premises liability claims in general or about your case, then it is important to seek the advice of an experienced premises liability attorney as soon as possible.
Sofia’s No Fee Guarantee on Premises Liability Cases
Attorney Sofia K. Miguel guarantees that you will never write a check to our office under Sofia’s “No Fee Guarantee.” Consultations are free and if your case is selected, then Sofia will also cover all court costs during your case. Sofia only gets paid when you get paid. Her services will cost you nothing out of pocket; simple as that.
Let Sofia’s nearly twenty years of experience in helping people recover for their personal injuries get to work for you now. If you or a loved one has suffered an injury on someone else’s property, attorney Sofia Miguel is standing by to answer your questions and help you fight to get the money you deserve. Call us at 253-200-4471, come visit our office right here in Puyallup at 702 S. Hill Park Dr. #207, or contact us online anytime. We are here for you.
