Every person who visits land that is the property of another has the right to expect to be kept safe. This applies regardless of the type of property or who owns it. However, the mere fact that an injury occurs on land owned by another party does not guarantee success in a claim for compensation.
Premises liability claims require a plaintiff to prove two things. First, that they had permission to be on the land. Second, that the owner failed to provide adequate protection from harm. Additionally, it is not uncommon for defendants to argue that a person was responsible for their own losses due to carelessness.
A Tacoma premises liability lawyer could help to pursue these often-complex claims. A credible injury attorney could examine the details of your case, help you gather evidence to bolster the legitimacy of a claim, and act as an advocate on your behalf during trial or settlement negotiations.
The simple fact that an injury occurs on land that is the property of another party does not mean that the owner is liable. While it is true that owners must keep their land safe for guests, the extent of their duty to warn of a hazardous condition depends on the visitor’s permission to enter and their reasons for doing so.
Trespassers are a type of visitor that enters a person’s land without permission. If a land landowner must only stop themselves from causing intentional or wanton harm. If the landowner does not cause a trespasser intentional or wanton harm, a trespasser who suffers an injury in an accident can never claim compensation.
The second class of visitors is licensees. These people enter land for their own benefit, such as to attend a house party. Owners here must provide warning to visitors about any hazards of which they have knowledge. Furthermore, they are only liable if they do not warn the visitor of this harm.
The people who enjoy the most protection are invitees. These people enter land for the benefit of the owner, such as to buy groceries. Landowners must exercise reasonable care to keep their land well maintained. Additionally, they must inspect their land for known hazards. A Tacoma premises liability attorney could help to determine an injured person’s rights under the law.
A premises liability incident refers to any injury that is the result of a landowner failing to keep their property safe for guests. At the simplest level, a landowner can be liable for an injury that results from a temporary defect, such as standing water or ice. If a visitor slips and falls, breaking their hand, the owner is liable for this injury.
Premises liability claims can also arise out of structural defects. Loose hand railings, improperly lain carpet, or a lack of lighting could all lead to serious injuries. In other instances, a landowner may also share liability for criminal activity. If a bar does not provide proper security staff, or a gas station does not have adequate lighting, that landowner may be liable for personal injuries that result from attacks.
In every claim, a plaintiff must be prepared to justify their own actions leading up to the incident. This is because courts in Tacoma will use the concept called comparative negligence to evaluate the acts of all parties leading up to an injury. According to Revised Code of Washington §4.22.005, if a jury believes that a slip and fall victim was partially to blame by not wearing proper shoes or by running, that jury will reduce the award at trial by the percentage of blame that they attribute to the plaintiff. A Tacoma premises liability lawyer could help to pursue claims that name a landowner as the only responsible party.
Accidents that occur on other peoples’ property create many important and complex legal questions. An injured person needs to be able to prove that a landowner failed in their duty to provide protection and that this failure led to an injury. At the same time, they must be able to demonstrate that they had permission to be on the land and that this permission warranted protection.
A Tacoma premises liability lawyer could help to pursue your claim. They can help to explain your legal rights as a visitor and why a landowner’s actions or failures to act violates these rights. They can then author demand packages using evidence and proof of loss to prove that a landowner is liable to pay.
Considering the difficulty that comes with filing a claim, it may be worthwhile to retain the services of an attorney who could provide you with the representation necessary for holding the at-fault party liable. To get started, schedule a consultation today.