If you suffered an injury due to dangerous conditions on someone else’s property in Kennewick, WA, you might be entitled to compensation. A qualified premises liability lawyer can help you seek damages for your medical expenses, lost wages, and other costs associated with your injury.
The Kennewick premises liability lawyers of Tamaki Law are dedicated to protecting the rights of those injured by another party’s negligence. Call us today at (509) 783-8333 to learn more about how we can help you through a legal consultation.
What Is Premises Liability?
Premises liability is a legal term used to describe the responsibility of an owner or occupier of property to protect visitors and guests from injury while on the premises. This duty of care applies to commercial and residential properties and can include hazardous conditions like slippery floors, wet surfaces, broken staircases, inadequate lighting, and more. When the owner or occupier fails to fulfill this duty of care and someone gets injured, they may be held legally responsible under premises liability laws.
What Are Common Premises Liability Claims?
Premises liability cases involve any incident where a person is injured on someone else’s property due to the property owner’s negligence. Many different premises liability incidents can occur, and some of the most common include:
- Slip and fall injuries: These occur when someone slips and falls on a slippery or uneven surface, such as wet floors or loose carpets.
- Dog bite incidents: If a property owner has a pet that bites someone, they can be held responsible.
- Swimming pool accidents: Property owners must provide adequate safety measures to protect people using their swimming pools.
- Negligent security: When a property owner doesn’t provide reasonable security measures, this can lead to criminal activity on their property.
- Hazardous material exposure: Property owners must take steps to ensure that visitors don’t come into contact with dangerous materials or chemicals on the property.
- Elevator/escalator accidents: Property owners must maintain their elevators and escalators properly to prevent accidents.
- Stair collapse: Property owners must keep their stairs in good condition to prevent people from getting injured by uneven steps or steps that collapse.
How Do You Prove Negligence in a Premises Liability Claim?
To prove negligence, you must establish that the owner or occupier owed a duty of care to you as a visitor and that they breached this duty. Additionally, you must prove that the hazardous conditions on the property caused your injuries and that you suffered damages as a result. The exact duty of care the owner owes depends on the class of the visitor to their property:
- Business invitee. A business owner invites visitors to their property to do business, for example, shop at a grocery store. This owner must keep their property in safe condition through regular inspection. They have a duty to warn visitors of hazards they know or should know about.
- Licensee. An example of this type of visitor is a social guest on the owner’s property. The owner still needs to be aware of any hazards on their property. They must either fix the hazardous condition or warn their visitor.
- Trespasser. The owner doesn’t owe a trespasser a duty of care, but they can’t willfully harm the trespasser.
There is also an important exception to these types of visitors. Owners may be liable to children who receive injuries on the property because they wanted to visit an attractive nuisance, such as a swimming pool.
It is crucial to document any evidence of negligence or hazardous conditions you encountered on the property and seek medical attention for any injuries you sustained. A skilled premises liability lawyer can help you gather evidence and negotiate a favorable settlement from the property owner or occupier.
How Can a Premises Liability Lawyer Help Me?
A premises liability lawyer can provide you with legal guidance and pursue compensation for your injuries. They will investigate your claim, analyze the facts of the case, and determine who is liable for the accident or hazard that caused your injury. They will also advise you of your rights and remedies under the law and help you understand how to best proceed. A premises liability lawyer can negotiate with insurance companies and seek a fair settlement on your behalf. Furthermore, they can represent you in court, if needed, and advocate for you in front of a jury.
What Should I Do if I Was Injured on Someone Else’s Property?
If you get hurt on someone else’s property, you have the right to file a premises liability claim to hold the negligent party accountable. However, understanding premises liability law and the process of filing a claim are complicated. To get started, here are the steps you should take if you have been injured on someone else’s property:
- Seek medical attention: Your first priority should be your health and safety. Seek medical attention immediately and keep all records related to your injury, diagnosis, and treatment.
- Document the accident scene: Take photos or videos of the scene if possible and document any relevant information such as witness contact information and the name of the owner of the property.
- Contact an experienced premises liability lawyer: An experienced premises liability lawyer can help you navigate the legal process and represent you in a potential case against the property owner.
- Gather evidence: Your attorney will help you gather evidence to support your claim. Evidence may include medical records, witness statements, and other documents that demonstrate the negligence of the property owner.
- File a claim: Once you have gathered all the necessary evidence, your attorney can file a claim on your behalf with the court.
What Types of Compensation Can I Recover?
When someone is injured due to a property owner’s negligence, they may be entitled to compensation. The types of compensation available in a premises liability case depend on the individual circumstances of the accident. A person may be able to recover compensation for medical bills, lost wages, and pain and suffering.
Speak With a Premises Liability Lawyer in Kennewick, WA
If you have been injured in an accident on someone else’s property and believe that you may have a premises liability claim, contact a qualified Kennewick personal injury lawyer. At Tamaki Law, we have experience holding negligent property owners accountable for injuries that occurred on their property. Our experienced attorneys will work diligently to protect your rights and help you pursue the compensation you may be entitled to. Contact Tamaki Law at (509) 783-8333 for an initial legal consultation.