Seattle Personal Injury Attorney Chris Thayer
Seattle Personal Injury Attorney Chris Thayer
Handling Personal Injury Claims in the Seattle Area and Throughout Washington Since 1995

My name is Chris Thayer and I am a personal injury attorney practicing in downtown Seattle. I handle personal injury, medical malpractice and wrongful death claims throughout the greater Seattle area, including Issaquah, Mercer Island and Kirkland.

I am here to help you.

Call for a free consultation (206) 340-2008

The Seattle Personal Injury Blog

Class Action Lawsuit Filed Against WSU After Negligent Data Breach

Posted Thursday, March 15, 2018 by Chris Thayer

Someone (or multiple someones) stole confidential information on almost 1.2 million people from Washington State University in April 2017, including Social Security numbers, names, and health records. The incident happened when a burglar broke into an Olympia storage facility and took a safe containing a hard drive on which WSU’s Social and Economic Sciences Research Center stored information about state education and career trends.

Victims of this data breach filed a class action lawsuit against WSU in December, alleging negligence and violations of the state Consumer Protection Act. Specifically, the victims claim that it was negligent to store personal information at a self-storage facility with no surveillance cameras, and that the university violated the consumer protection law by not immediately notifying the victims of the breach. The university did not notify the victims until June, almost two months after discovering the theft.*Washington’s Consumer Protection Act*

The Consumer Protection Act protects consumers from unfair and deceptive trade practices. Washington Supreme Court has held that consumers must prove the following in order to succeed on a claim under the CPA:

  • The business engaged in an unfair or deceptive act,
  • The unfair or deceptive act occurred in trade or commerce,
  • The unfair or deceptive act also impacted the public interest,
  • The consumer’s business or property has been injured, and
  • The injury to the consumer’s business or property was caused by the unfair or deceptive act.

In establishing these elements, the consumers in the WSU case might also be able to prove negligence - that the university owed them a duty of care, breached that duty, and caused them injury.

*What is a Class Action Lawsuit?*Multiple people injured by the same incident, like the WSU data breach, can file a class action lawsuit. A class action is a type of lawsuit in which a group of people collectively files a claim. Class actions are typically more cost-efficient because litigation costs are divided among a larger group of people. They are also more efficiently judicially. A class action also vests control over litigation decisions in an individual representative or a small group of representatives, which means that not everyone has a say in legal strategy. An experienced attorney can explain the other advantages and disadvantages of filing or joining in on a class action.

There are certain prerequisites for filing a class action lawsuit in Washington:

  • The class is so numerous that joining all members is impracticable,
  • There are questions of law or fact common to the class,
  • The class representatives’ claims are typical of the claims of the entire class, and
  • The representatives will fairly and adequately protect the interests of the class.

Consult with an experienced attorney regarding additional prerequisites.

*Contact Us Today*Class action lawsuits are typically complex, which is why you should consult with an experienced attorney before joining or filing a class action. Contact one of our personal injury attorneys today for a free consultation if you are interested in pursuing a class action claim or if your personal information was compromised because of a negligent data breach. Our experienced attorneys can help you determine your best course of legal action.

Negligent Pet Care in Washington

Posted Friday, March 9, 2018 by Chris Thayer

Pet owners often regard their furry, feathery, or scaly companions to be members of the family. Under Washington law, pets are considered property. This legal classification can make it difficult for owners seeking compensation for negligently injured or wrongfully killed pets. While Washington allows personal injury lawsuits for damage to personal property and owners can sue when their pets are injured by negligent conduct, pets are not treated the same as humans under the state medical malpractice law.

Animal cruelty, however, is a crime that can be prosecuted in Washington. Conduct that rises to the level of first-degree or second-degree animal cruelty may be evidence of negligence or reckless conduct that pet owners can use in a personal injury lawsuit.

*Pet Negligence and Veterinary Malpractice Cases*In April 2017, a dog owner left her Papillon with a pet sitter for Rover, a Seattle-based pet-sitting company. The dog, one-and-a-half-year-old Snoopy, died while in the pet sitter’s care. The owner recently filed a lawsuit against the company, alleging that the sitter’s negligence caused her dog’s death. Specifically she says that the company did not properly vet its sitters and that her dog died because the sitter did not have adequate fencing, which resulted in Snoopy wandering into the road and getting struck by a car.

While she seems to have a viable claim against the company, whether or not her lawsuit succeeds and what damages she may receive remain to be seen. Unfortunately, in some cases pet owners are not entitled to the same extent of damages as they might receive if the injured or wrongfully killed party was a human.

For example, in September 2012, a pet owner’s veterinarian advised him to take his 12-year-old dog to the Washington State University College of Veterinary Medicine’s teaching hospital. There, the owner’s Alaskan Malamute, Kaisa, was diagnosed with metastatic cancer and given months to live. The owner agreed with the WSU vet’s recommendation that Kaisa be put down. But according to the owner, WSU messed up the euthanasia. He filed a lawsuit against the college and the attending veterinarian, alleging that Kaisa was not sedated properly and suffered a painful death.

Both the trial court and the appeals court struck down the owner’s request for emotional distress damages, but Chief Judge George Fearing of Washington’s Division III Court of Appeals wrote a concurring opinion (a concurrence is not binding case law) “to advocate a change in the law.” He wanted the Washington Supreme Court to rule that pets are emotionally valuable and that medical malpractice standards should apply to them. But the state Supreme Court declined to hear the case, which means that Washington’s medical malpractice law still only applies to people.

*Contact Us Today*Contact one of our personal injury attorneys today for a free consultation if your pet was injured or killed because of negligent care or veterinary malpractice. Our experienced attorneys will examine the facts of your case, help determine your best legal options, and help recover the compensation that you deserve.

Defeating a Motion to Dismiss Your Personal Injury or Wrongful Death Lawsuit

Posted Thursday, March 1, 2018 by Chris Thayer

It is important for personal injury and wrongful death plaintiffs to be aware of the legal tools that may be used to defeat their claims. One such tool is the “motion to dismiss.”

What is a Motion to Dismiss?

A motion to dismiss is fairly straightforward. It is a formal request for the court to dismiss, or reject, a lawsuit or a particular claim within a lawsuit.

The litigation process begins once the plaintiff files a complaint and it is served upon the defendant. The defendant then has 20 days to “answer” the complaint, either by filing a formal response or by filing a motion to dismiss.

There are many reasons a court may agree to dismiss a claim or lawsuit. Those reasons include:

  • The court lacks jurisdiction (the legal authority) to make a decision in the case. For example, state courts do not always have the authority to decide questions of federal law.
  • Insufficient process. If there is something wrong with the content of the summons or complaint, then the court may dismiss the case. For example, the summons and complaint must name the right defendant.
  • Insufficient service of process. There are specific rules that must be followed in “serving” the defendant with the summons and complaint. If those rules are not followed, then the defendant may file a motion to dismiss.
  • Failure to state a claim upon which relief can be granted. This challenges the legal sufficiency of the plaintiff’s complaint. In other words, if you do not have a viable personal injury or wrongful death claim, then the court may dismiss your case.

An experienced attorney can help you defend against a motion to dismiss your personal injury or wrongful death lawsuit.

*Court Rejects Motion to Dismiss Wrongful Death Case Against Seattle*In June 2017, two Seattle police officers shot and killed 30-year-old Charleena Lyles after responding to a 911 call at her apartment. Her family filed a wrongful death lawsuit against the officers and the city, alleging that the shooting could have been avoided.

The officers and city filed a motion to dismiss the lawsuit, arguing that there was no basis for the family’s claims. The court granted the motion in part, but allowed the family’s negligence claim to proceed. This means that the family can continue to argue that the officers’ negligent conduct caused their loved one’s death.

*Filing a Damages Claim Against Seattle*Here are a few things you need to know about filing a lawsuit against the city. The first step is filing an official claim for damages with the City Clerk. The form must be filed within the applicable statute of limitations, which varies depending on the specifics of your claim.

The claimant may also submit supporting evidence, such as receipts and photos. After the City Clerk receives your claim, it will be sent to the Risk Management Office. A claims adjuster will investigate and recommend a resolution. Options include paying the claimant a sum of money, transferring the claim to another entity, or denying the claim altogether.

Claims typically take about 60 days to resolve, but more complicated cases can take longer. If the city denies your claim then litigation might be your next option. An experienced attorney can help determine your best course of action.

*Contact Us Today*Contact one of our personal injury attorneys today for a free consultation if you or a loved one have been injured or killed because of municipal negligence or misconduct. Our experienced attorneys will guide you through the litigation process and help recover the compensation that you deserve, including medical expenses and pain and suffering.

Aggressive Driving in Washington

Posted Friday, February 23, 2018 by Chris Thayer

Aggressive driving, also called road rage, is a serious problem in the United States. We all know it when we see it - tailgating, cutting another driver off, obscene hand gestures, etc. In fact, aggressive behaviors such as these account for two-thirds of all traffic fatalities, according to the National Highway Traffic Safety Administration.

Road Rage Incidents in Washington

In June 2017, a Subaru driver was stuck in traffic on Highway 516 outside of Kent. According to the Washington State Patrol, she became frustrated when several drivers illegally passed her on the shoulder. She herself moved partially onto the shoulder as a Jeep Cherokee approached. The Jeep moved farther over on the shoulder to avoid the Subaru, but she then intentionally struck the Jeep multiple times, according to police.

While both drivers received tickets, the Subaru driver’s reaction is a clear example of road rage.

In December 2017, a 20-year-old Jeep driver died in what the Washington State Patrol described as an apparent road rage accident. Witnesses told police she was cut off by a red pickup truck while driving north on Interstate-5. The Jeep driver lost control of her vehicle and crashed into the center divider. Her side of the car was smashed in. A 25-year-old passenger sustained minor injuries.

More and more road rage incidents involve guns, according to a 2017 report released by a nonprofit news organization. One such incident recently occurred on Interstate-5 at the border between King and Pierce counties. According to the Washington State Patrol, a woman driving a motorcycle and a man driving a car pulled over into the left lane and got into a physical fight. The motorcyclist pulled out a gun and shot the other driver. He died at the scene.

Were You Injured by an Aggressive Driver?

You are entitled to compensation for your injuries if you were injured by an aggressive driver in Washington. You only have three years from the date of the accident to file a personal injury lawsuit. Be sure to consult with an experienced attorney as soon as possible, but always seek medical attention first.

Also, keep in mind that Washington is a comparative fault state, which means that if you were partially at fault for your injuries, any damages awarded to you will be reduced by your percentage of fault. For example, if the jury determines that you were 20% at fault, you will only recover 80% of the damages.

Washington also does not place a cap on the amount of damages that you can receive. This includes compensation for noneconomic damages, like pain and suffering. (Economic damages are easily quantifiable, like medical expenses, while noneconomic damages are more subjective.) An experienced compensation can help recover the compensation that you deserve.

Contact Us Today

Contact one of our personal injury attorneys today for a free consultation if you were injured by an aggressive driver. Our experienced attorneys will help you recover compensation for your injuries, including medical expenses, property damage, lost wages, and pain and suffering.

Legal Options After Losing at Trial

Posted Friday, February 16, 2018 by Chris Thayer

Personal injury victims who do not win at trial still have legal options. Here are a few remedies we can try to ensure you receive the compensation that you deserve, even if you do not initially succeed at trial:

File a Motion for Reconsideration or for a New Trial

You have 10 days after the court issues its decision to file a motion for reconsideration or for a new trial. This motion must explain why the court should reach a different decision. Common reasons courts will reconsider a prior decision or grant a new trial include:

  • Irregularity in the proceedings (like some kind of procedural mistake) that prevented the plaintiff from having a fair trial.
  • Jury misconduct.
  • Newly discovered evidence that “the party could not with reasonable diligence have discovered and produced at trial.”
  • Inadequate damages that suggest the jury or judge was prejudiced toward the plaintiff.
  • An obvious error in how damages were assessed.
  • “That there is no evidence or reasonable inference from the evidence to justify the verdict or the decision, or that it is contrary to law.”

Of course, these are not the only reasons for granting a new trial or reconsidering a prior judgment. An experienced attorney will help you present your best case for making this request.

File a Motion to Alter or Amend the Judgment

As with a motion for reconsideration or for a new trial, you have 10 days after the court issues its decision to file a motion to alter or amend the judgment. You can also include this motion with your new trial or reconsideration request. This tactic is often used in non-jury trials, like when the case is decided on a motion for summary judgment. (A summary judgment motion asserts that there are no factual disputes requiring jury input and asks the judge to apply the law to the facts and decide the case.)

An experienced attorney can help you understand when to file a particular motion and why.

File an Appeal

Another option is asking an appeals court to review the trial court’s decision. Here are a few rules to keep in mind before filing an appeal in Washington:

  • You have 30 days after the court issues its decision to file a notice of appeal with the trial court.
  • You can only appeal final judgments. An experienced attorney will help you determine whether the court’s decision is eligible for appeal.
  • You must identify the grounds for appeal. In other words, what did the trial court get wrong?
  • If the appeals court takes the case, both parties must file briefs setting forth the reasons the court should affirm or reverse the trial court’s decision.
  • The court will then hear oral argument from both sides. Note that there is not a jury in an appellate proceeding.
  • The appeals court will then decide whether to affirm or reverse.

You still have legal options if you lose the appeal. An experienced attorney will help you determine how to proceed.

Contact Us Today

Contact one of our personal injury attorneys today for a free consultation if you were injured by a negligent act. Our experienced attorneys will guide you through the litigation process, including what to do if you do not initially succeed at trial. You deserve to be compensated for your injuries.