When you go grocery shopping or visit a friend, most of us don’t worry about suffering a serious injury. Unfortunately, these accidents can and do happen, especially when a property is poorly maintained. If you suffered injuries on someone else’s property, you may have a claim for financial compensation against the property owner or operator. Read on to learn more about what premises liability claims are, the duties of a property owner, and how an Everett premises liability attorney can help you.
What Is Premises Liability?
Premises liability pertains to laws that govern injury claims when the harm occurs on someone else’s property. Washington law requires all property owners to keep and maintain safe premises for lawful visitors. Premises liability injuries can occur in many different places, including:
- Someone’s home,
- A commercial building,
- A grocery store,
- A restaurant,
- A shopping mall,
- Your workplace,
- Schools, and
- Parking garages.
This list is not exhaustive, as injuries can happen virtually anywhere but in your own home.
But you must show that the property owner or occupier was negligent to be successful in your claim.
Negligence Elements
To succeed in your claim for damages, you must prove that the property owner was negligent. This means you must show that they knew or should have known that the property was unsafe but failed to remedy the situation. Specifically, to prove a negligence claim, you must prove the following four elements.
- Duty. The property owner must have owed you a duty of care to maintain their premises in a reasonably safe condition.
- Breach. The property owner breached their duty by failing to maintain their property in a safe condition—such as when a grocery store owner knew a clear liquid spilled but didn’t clean it up. If you then slip and fall because of the liquid, the owner could be liable for your resultant losses.
- Causation. The property owner’s breach must have caused your injuries.
- Damages. You must have suffered losses due to your injuries and property damage.
Premises liability is a complex area of personal injury law and requires the assistance of an Everett premises liability attorney. Failing to hire an attorney could mean the difference between getting the financial relief you need or getting nothing and having to shoulder the entire financial and emotional burden yourself.
What Duties Does a Property Owner Have?
When you suffer injuries on another person’s property, the first step of a valid claim is determining whether the property owner or operator owed you a duty of care.
Business Invitee
A business invitee is someone invited onto a property, usually to do business. An example of a business invitee is a customer at a grocery store. Property owners and operators owe business invitees a duty to maintain a reasonably safe environment and to inspect their property for dangerous conditions.
Licensees
A licensee is on a property owner’s premises with consent. An example of a licensee is a person who is a social guest, such as a friend coming over for lunch. In this situation, a property owner is responsible for taking reasonable care to keep their property safe and warn guests of any unsafe conditions that cannot be immediately remedied.
Trespassers
A trespasser has no right to be on the owner’s property. Owners and operators owe trespassers no duty of care. However, they cannot take steps to intentionally injure a trespasser.
A premises liability attorney in Everett will carefully analyze the facts of your case to determine your status at the time of injury. Slip and fall injuries happen suddenly and can cause serious harm that permanently impacts your life. It’s vital to recover the compensation you and your family need to move forward when someone else’s negligence causes you harm.
Attorney Paula McCandlis
For nearly 30 years, Attorney Paula McCandlis has provided exceptional legal representation to clients going through difficult challenges. When Paula first meets you, she wants to understand who you are, what happened to you, and how your life has been altered by the experience. Her years of experience provide you with incomparable legal insight and tools to help obtain the best possible outcome for your case.
Attorney David Brown
Attorney David Brown works tirelessly to help you understand the law as it applies to your case. He wants every client to fully understand all legal options so they can then choose what they feel is best. When a client has all the information about their case, they get back the control they feel they have lost from their experience.
Attorney Matt Conner
Attorney Matt Conner’s great strength is the compassion he shows to all of his clients. He understands that clients come to him at one of the most challenging points in their lives. They are seeking help to get back on their feet financially and emotionally. As a lawyer who actually cares, Matt works tirelessly to protect your rights, represent your best interests, and take the necessary steps toward getting your life back.
Contact Us
The moment you hire Brett McCandlis Brown & Conner as your Everett personal injury attorneys is the moment you stop worrying about medical expenses, lost work, insurance adjusters, and future expenses. As you turn your focus to your recovery, we get to work on getting you the financial assistance you need. Contact the attorneys at Brett McCandlis Brown & Conner by phone or email to receive a free consultation and learn how we can assist you.
Our office in Everett, WA
- Address: 2722 Colby Ave #105, Everett, WA 98201
- Open hours: Monday-Friday, 8:30am – 5:00pm
- Phone number: 425-374-1491