When you visit someone else’s property or a retail establishment, you expect that the property is reasonably safe. Unfortunately this is not always the case. Devastating injuries can be suffered as the result of a broken step or a large spill.
The owner or occupant of premises may be held accountable for injuries arising out of dangerous conditions or activities at the property.
If you were injured on private, commercial, or public property, it’s important to give the experienced Bellingham premises liability lawyers of Walton APC a call right away. You may be able to recover damages, but it’s crucial to start investigations immediately after an accident on someone else’s property.
Pursue Damages After Suffering Injuries on Someone Else’s Property
The types of dangerous conditions that can give rise to a premises liability lawsuit include:
- Slip and falls
- Trip and Falls
- Dangerous staircases
- Poor lighting
- Spills
- Uneven Surfaces
- Cracks
- Poor maintenance
Injuries from these conditions often result in significant medical bills and lost wages. If you have suffered an injury on another’s premises, it is important to secure photographs of how the premises presented at the time of the incident, as well as the names and phone numbers of any witnesses. Sometimes the property is altered after an accident or defendants try to blame the injured party for being careless while traveling across the property.
Negligence in Premises Liability Claims
Just because you were injured by a dangerous property condition, your recovery of damages is not assured. Our premises liability lawyers will need to prove the owner-operator was somehow negligent, such as by:
- Negligently creating the dangerous condition that caused the injury
- Negligently failing to properly maintain the property
- Negligently failing to become aware of the dangerous condition or inspect the property
- Negligently failing to repair the dangerous condition upon becoming aware of its existence
With negligence at the center of most premises liability personal injury claims, the victim must show a duty of care was owed to them by the defendant, the duty of care was breached, the breach caused the injury, and the victim suffered actual harm as a result.
Property owners and occupiers owe a duty to use reasonable care to discover, repair, and warn against dangerous conditions on their property in order to prevent injury.
Comparative Negligence and Fault of the Victim
Property owner-operators may escape liability if the dangerous condition would have been open and obvious to a reasonable person. In such cases, a victim cannot argue the property owner-operator was responsible for their injuries.
Your damages could be reduced by the doctrine of comparative fault where an owner is able to show you are partly to blame for your own injuries. Your damages will be reduced by an amount the jury believes is equal to your degree of fault.
Public Entity Protection
The government is immune from many different kinds of lawsuits. To maintain a lawsuit in spite of the usual sovereign immunity, our lawyers may need to meet certain procedural hurdles. In some cases, we might need to show:
- A public employee acting within the scope of their employment negligently created a dangerous condition or
- The public entity had notice of the dangerous condition and had enough time to act to prevent the injury at issue in the lawsuit.
Consult a Seasoned Premises Liability Lawyer About Your Injuries
If you or a loved one has suffered an injury as a result of a dangerous condition on the property owned or maintained by another, you should speak to an experienced premises liability attorney to ensure you rights are protected.
At Walton Law, APC, we have successfully handled many challenging claims arising out of dangerous property conditions. For a free and confidential consultation about your claim, please call us directly at (866) 338-7079, or contact us by completing our online form.
Bellingham Office Location
2219 Rimland Dr Suite 301,
Bellingham, WA 98226
(360) 543-1010