When you suffer an injury on someone else’s property due to unsafe conditions, you deserve compensation for your losses. At Tamaki Law, our premises liability lawyers in Yakima understand the physical, emotional, and financial toll these accidents take on your life. We work on a contingency basis, meaning you pay nothing unless we recover compensation for you. With a 10.0 Superb rating on Avvo, we have earned the trust of injured residents in Yakima and throughout Washington state.
Property owners have a legal obligation to maintain safe premises and warn visitors of known hazards. When they fail in this duty, they can be held liable for injuries that result. Our team thoroughly investigates your accident, identifies all responsible parties, and builds a compelling case to maximize your recovery. Our founding partner, Blaine L. Tamaki, brings over 35 years of trial experience to every case, and our team includes multiple Super Lawyers recognized in the field of personal injury law.
What Is Premises Liability?
Premises liability refers to the legal responsibility property owners and occupiers have to keep their premises reasonably safe for visitors. This duty extends to residential homes, commercial buildings, retail stores, restaurants, apartment complexes, and public spaces.
When a property owner knows, or should know, about a dangerous condition and fails to repair it or warn visitors, they breach their duty of care. If that breach causes your injury, you may have grounds for a premises liability claim.
Washington state recognizes that property owners owe different levels of duty depending on the visitor’s legal status. Understanding these distinctions helps establish liability in your case. Our experienced attorneys apply this legal framework to evaluate your specific situation and determine the strength of your claim.
Common Causes of Premises Liability Accidents in Yakima
Premises liability accidents occur in countless ways. Our lawyers have handled claims involving:
- Slip and fall accidents from wet floors, spilled liquids, and poor maintenance
- Uneven surfaces, potholes, and defective sidewalks that cause trips and falls
- Inadequate lighting that prevents visitors from seeing hazards
- Broken or missing handrails on stairs and walkways
- Negligent security that allows assault, robbery, or other crimes
- Toxic exposure to chemicals, mold, or hazardous materials
- Pool and water-related accidents from a lack of supervision or safety equipment
- Building code violations that create dangerous conditions
Each accident is unique, and the circumstances surrounding your injury matter significantly in establishing liability. We have recovered over $5 million in premises liability settlements, including a $1.6 million settlement from Yakima County for road design negligence.
Injuries We Help Clients Recover From
Premises liability accidents can cause severe, life-altering injuries. We represent clients who have suffered:
- Broken bones and fractures requiring surgery and extended recovery
- Traumatic brain injuries (TBI) with lasting cognitive effects
- Spinal cord injuries resulting in partial or complete paralysis
- Severe lacerations and burns
- Wrongful death claims when accidents prove fatal
These injuries often require ongoing medical treatment, rehabilitation, and long-term care. Our goal is to secure compensation that covers both your immediate medical needs and your future care requirements.
How We Prove Liability in Your Premises Liability Case
Establishing liability requires demonstrating that the property owner owed you a duty of care, breached that duty, and caused your injury. Washington courts apply specific legal standards to premises liability cases.
What Is the Legal Standard for Property Owner Duty?
Washington law recognizes three categories of visitors, each with different levels of protection:
- Invitees receive the highest level of protection. You are an invitee if you enter property for a purpose that benefits the owner, such as shopping at a store or dining at a restaurant. Property owners must inspect their premises regularly, repair hazards, and warn invitees of dangers.
- Licensees receive moderate protection. You are a licensee if you enter property with the owner’s permission but for your own purposes, such as visiting a friend’s home. Property owners must warn licensees of known hazards but have less duty to inspect.
- Trespassers receive minimal protection. Property owners generally owe trespassers no duty of care, except to refrain from willfully or wantonly injuring them.
Washington courts also apply the “reasonably foreseeable” standard, meaning property owners must anticipate hazards that a reasonable person would foresee and take steps to prevent injuries.
The Four Elements of Negligence
To recover compensation, we must prove four elements:
- Duty of care – The property owner owed you a legal duty to maintain safe premises
- Breach of duty – The owner failed to repair a hazard or warn you of danger
- Causation – The breach directly caused your injury
- Damages – You suffered measurable losses (medical bills, lost wages, pain and suffering)
Our investigation focuses on gathering evidence that establishes each of the elements. We obtain incident reports, photographs, maintenance records, witness statements, and expert testimony to build your case. Our attorneys have successfully litigated complex premises liability cases and understand the evidence needed to prove each element.
Compensation Available in Premises Liability Claims
Washington law allows injured parties to recover various types of damages:
- Medical expenses, including emergency care, surgery, hospitalization, rehabilitation, and ongoing treatment
- Lost wages for time away from work during recovery
- Loss of earning capacity if your injury prevents you from returning to your previous job
- Pain and suffering damages for physical pain and emotional distress
- Emotional distress and loss of enjoyment of life for the impact on your quality of life
- Property damage if personal belongings were damaged in the accident
- Punitive damages in cases involving gross negligence or intentional misconduct
The amount of compensation depends on the severity of your injury, the clarity of liability, and the defendant’s insurance coverage. We negotiate aggressively with insurance companies and are prepared to take your case to trial if necessary. Our track record demonstrates our commitment to maximizing recovery for our clients.
Washington’s Statute of Limitations for Premises Liability
How Long Do You Have to File a Claim?
Under Washington Revised Code § 4.16.080, you have three years from the date of your injury to file a premises liability lawsuit. This deadline is critical. If you miss it, you lose your right to recover compensation regardless of the strength of your case.
Acting quickly matters for several reasons. Evidence deteriorates over time. Witnesses move away or forget details. Security camera footage gets deleted. Property conditions change. The sooner we begin our investigation, the more evidence we can preserve and the stronger your case becomes.
We recommend contacting our office immediately after your accident. Even if you are still receiving medical treatment, we can begin gathering evidence and protecting your legal rights. Our team is available to discuss your case at your convenience.
Why Choose Tamaki Law for Your Premises Liability Case?
When you choose Tamaki Law, you gain a legal team dedicated to protecting your rights and supporting your recovery. Since 1994, our firm has provided experienced personal injury representation in Yakima and throughout Washington State, achieving successful settlements and verdicts in premises liability and other injury cases. We offer free, no-obligation consultations to discuss your accident and legal options, and our contingency fee structure means you pay no legal fees unless we recover compensation on your behalf. Each case receives a personalized, client-focused approach, supported by our deep local knowledge of Yakima-area property owners, businesses, and insurance companies. Our strong client relationships are reflected in our Avvo 10.0 “Superb” rating, as well as recognition of our attorneys as Super Lawyers and Rising Stars in personal injury law. With three office locations across Washington, including our headquarters in Yakima, we are positioned to serve injured clients statewide while handling the legal burden, so you can focus on healing.
Frequently Asked Questions About Premises Liability in Yakima
What should I do immediately after a slip and fall accident?
Your first priority is your health. Seek medical attention even if your injuries seem minor. Some injuries develop symptoms days later. Once you are safe, take these steps:
- Report the incident to the property owner or manager and request a written incident report
- Document the scene with photographs showing the hazard and the surrounding area
- Gather contact information from witnesses who saw the accident
- Preserve evidence such as the shoes or clothing you wore
- Keep all medical records and receipts related to your treatment
- Avoid posting about the accident on social media
Contact our office as soon as possible so we can begin preserving evidence and investigating your claim. The sooner we get involved, the better we can protect your rights. Learn more about how to gather strong evidence for a personal injury lawsuit.
Can I recover compensation if I was partially at fault?
Yes. Washington follows a “pure comparative negligence” rule under Revised Code § 4.22.005. You can recover compensation even if you were mostly at fault for the accident. Your recovery is reduced by your percentage of fault.
For example, if you were awarded $100,000 in damages but found 20% at fault, you would recover $80,000. This rule protects injured parties and ensures fair outcomes even in complex cases. We have successfully recovered compensation for clients in comparative negligence situations.
What is an “open and obvious” hazard in Washington?
An “open and obvious” hazard is one that a reasonable person would notice and avoid. Property owners may have reduced duty to warn of obvious hazards. However, context matters significantly. A wet floor in a grocery store might be obvious in some circumstances but not others. An icy sidewalk in winter might be foreseeable but still create liability if the owner failed to treat it.
We evaluate whether a hazard was truly obvious given the lighting, visibility, and circumstances of your accident. Our attorneys understand the nuances of Washington premises liability law and can identify liability even in cases involving seemingly obvious hazards.
How long does a premises liability case take?
Timeline varies depending on case complexity and whether the defendant’s insurance company is willing to settle. Some cases resolve within months through negotiation. Others require litigation and may take one to two years or longer. Learn more about how long personal injury cases take to settle.
We work efficiently to resolve your case while ensuring we recover maximum compensation. We never rush settlement negotiations or accept inadequate offers simply to close a file quickly. Your recovery is our priority.
Do I need a lawyer for a premises liability claim?
While you can file a claim without a lawyer, insurance companies often undervalue claims when claimants represent themselves. They know injured people need money quickly and may accept lowball offers.
Our legal representation protects your rights and ensures you receive fair compensation. Because we work on a contingency basis, hiring us incurs no upfront costs. We only recover a fee if we win your case. Our team has the experience and resources to stand up to insurance companies and fight for your rights.
Contact Tamaki Law for Your Free Consultation
If you suffered an injury on someone else’s property in Yakima or anywhere in Washington state, contact Tamaki Law today. We offer a free consultation to discuss your accident and explain your legal options.
Call us at (509) 248-8338 or visit our website to schedule your consultation. Our Yakima office is located at 1340 North 16th Avenue, Suite C, Yakima, WA 98902. We also maintain offices in Kennewick and Bellevue to serve clients throughout the state of Washington.
You do not pay anything unless we recover compensation on your behalf. Let our experienced premises liability lawyers fight for the recovery you deserve.