Call Us atPremises liability exists when a party in control of real property is legally responsible for the injury or wrongful death that happens to those who visit. Injuries that occur from accidents on another’s property might establish a right to compensation depending on the circumstances. A Lynwood premises liability lawyer could be a representative and advisor when navigating this legal recovery process.
Learn more about how premises liability works and what a personal injury attorney could do to assist with injuries from an accident.
Common Injuries Related to Premises Liability
A wide range of injury types could be compensable due to premises liability. For example:
- Brain and neck injuries
- Broken bones or muscle damage
- Burns
- Amputations or other loss of use injuries
The amount of compensation available could vary depending on the seriousness of the injury and whether it leads to a temporary or permanent disability. Aside from physical injury, a premises liability case could also compensate for any pain and suffering in performing daily activities along with other non-economic damages for loss of enjoyment of life. A lawyer in Lynwood could review a premises liability claim to determine the damages available to an injured person.
Who Could Be Found Responsible for Premises Liability?
Premises liability is generally the responsibility of those who own the real property, whether that is an individual, business, government agency, or another organization. The obligations could also extend to non-owners who have a legal right to possess, maintain, or otherwise occupy the land, such as a business operating as a commercial tenant. A premises liability attorney in Lynwood could determine who is to blame for an accident.
The Different Standards of Care for Premises Liability
Like many states, Washington requires a certain standard of care that an owner or occupier of land must provide to visitors, depending on their relationship status. Failure to provide the appropriate level of care is what creates potential liability for injuries that occur as a result. The state recognizes the following relationships and standards of care for premises liability:
Invitee
This is a member of the public invited expressly or implicitly to the property (e.g., a customer of a business). Owners have the greatest duty to invitees to protect them by addressing unsafe conditions or taking reasonable steps to warn invitees about them.
Licensee
Licensee is a less formal status for those visiting private property with permission (e.g., a social visit to a friend’s house). Landowners still have a duty to warn against known dangerous conditions and take reasonable steps to prevent injury, but to a lesser degree than for an invitee.
Trespasser
This is a person without permission to enter the property. Landowners owe the least amount of protection to trespassers and must only avoid injurious misconduct that is willful or wanton. However, an exception exists for young children who are trespassers and injured due to an attractive nuisance on the land (e.g., a swimming pool).
Additional contexts for the landowner-visitor relationship could also affect the level of care required and the potential for premises liability. Specifically, RCW 4.24.210 protects landowners from premises liability for unintentional injuries to recreation users, such as hunters, campers, or cyclists. A lawyer in Lynwood could determine the duty an owner owed to the injured person and apply it to a premises liability claim.
Call a Lynwood Premises Liability Attorney for Help
Whether a landowner exercised appropriate care or is liable for your injury is a fact-specific issue that could lead to disputes against defendants, insurance companies, or their representatives. A Lynwood premises liability lawyer could advise on the merits of a case based on your facts and work to pursue available remedies in court or through settlement. Remember, you only have three years from the date of the accident to file an injury claim for premises liability.
For further assistance with a premises liability case, consider a consultation with our team. Contact us today to learn more about your legal options.
