Property owners must make reasonable efforts to keep their premises safe for visitors. Therefore, if you suffered an injury while on another party’s property, you might have a claim for damages.
This area of law is complex and fact specific. Thankfully, a Tacoma premises liability lawyer could meet with you to discuss your situation and determine whether financial compensation applies to your specific case. You boost your chances of collecting the damages you deserve when you work with a seasoned injury lawyer, so do not hesitate to reach out to our firm.
When Premises Liability Applies
Almost any accident could form the basis of a premises liability claim – all that matters is that a property owner or occupier did not exercise the appropriate degree of care to keep a visitor from harm. Common examples of situations that warrant a premise liability action include but are not limited to:
- Animal attacks
- Slips, trips, and falls
- Being struck by a falling object
- Drowning or near-drowning
- Exposure to toxic substances
- Elevator or escalator accidents
- Fires or explosions
- A building collapsing
Unfortunately, people who enjoy outdoor recreation might be denied the opportunity to bring a premises liability claim in specific circumstances. The Revised Code of Washington §4.24.210 says that the owner of a property that provides opportunities for outdoor recreation is not liable for injuries that visitors suffer if spending time on the property is free. Determining whether the details of the accident warrant a premises liability claim can be challenging, but our knowledgeable Tacoma lawyers could assess the situation and offer personalized guidance.
For a free legal consultation with a premises liability lawyer serving Tacoma, call 206-558-5555
Defining Negligence After a Premises Liability Accident
After pinpointing the type of accident in a premises liability case, an injured plaintiff needs to work to establish a property owner’s negligence. They can usually do this by demonstrating that the defendant:
- Had an obligation to care for the claimant
- Failed to uphold the obligation
- Contributed to the claimant’s injury through their failure to uphold their duty of care
Additionally, a premises liability claimant also must also prove that they suffered verifiable losses. A tenacious Tacoma lawyer could help with all aspects of this complex legal process.
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How Does One’s Reason for Visiting a Property Impact a Case?
It is important to recognize that, in premises liability cases, the extent of a landowner’s duty of care depends on a visitor’s reason for visiting a property. There are three main categories of visitors in premises liability cases: invitees, trespassers, and licensees.
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Trespasser
If an individual arrives at a property without permission, they would be considered a trespasser. Landowners have no duty to make their property safe for trespassers.
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Licensee
If a claimant enters a property for social reasons, they would be considered a licensee. Property owners, lessees, and occupiers must warn licensees of dangers they cannot see and could not anticipate.
Invitee
Finally, a person who enters a place of business or public space is an invitee. Property owners, lessees, and occupiers must make reasonable efforts to keep the property safe for invitees by performing inspections at reasonable intervals and mitigating any hazard as soon as possible.
What Are Attractive Nuisances?
While trespassing adults are not entitled to any rights, the law provides trespassing children protection in some cases. For instance, if a property contains an artificial feature that would attract children and induce them to trespass onto the space, the owner or occupier must take reasonable steps to prevent these young people from entering. Common examples of attractive artificial features include swimming pools or playgrounds. If a property owner does not prevent children from entering their space and someone gets hurt, the defendant might need to assume all legal responsibility for the injuries.
If an injured plaintiff needs help determining their legal status at the time of a visit, they could turn to a seasoned premises liability lawyer in Tacoma.
Speak With a Tacoma Premises Liability Lawyer about Your Case
When you are hurt on another party’s property, you owe it to yourself to investigate whether premises liability law might offer you the opportunity to recoup your losses. If you were spending time on a space as a licensee or invitee, you could receive compensation for medical expenses, lost income, and pain and suffering.
Speak with a Tacoma premises liability lawyer as soon as possible after your accident. Reach out now to get started.
Call or text 206-558-5555 or complete a Free Case Evaluation form
