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

Establishing Liability for Summertime Pool Injuries

Posted Friday, April 30, 2021 by Chris Thayer

Summertime is fast approaching, and it cannot come soon enough. However, with increased temperatures come more pool openings and more pool-related injuries. Unfortunately, while pools are fun and refreshing, they also carry a great amount of liability and risk. According to the CDC, young children and elderly adults are the most likely to suffer debilitating poolside injuries and deaths. With pools often being surrounded by slippery hard surfaces, it is easy to understand how so many injuries occur. Poolside injuries are a slippery slope, as a debilitating poolside injury can quickly turn into an accidental drowning, over 3,500 such deaths occur each year, and the number is rising.

*Common Pool Injuries * The consequences of a poolside slip-and-fall accident can range from minor to fatal. If someone slips and hits their head on hard concrete, it can result in a traumatic brain injury. Some of the most dangerous accidents occur when someone slips, hits their head, is knocked unconscious, and ends up in an unsupervised pool. Far too many deaths occur this way, and they are preventable.

Depending on how an individual falls, a poolside slip can result in anything from a broken or sprained ankle to partial or complete paralysis. If someone lands on their back, spinal cord injuries, such as fractures, herniated disks, bursitis, and even a broken back can occur. Sprained and broken bones, particularly the ankles, wrists, arm, and hip, are common.

In addition to slip-and-fall accidents, there are many other common injuries due to pools. For example, improperly balanced pool chemicals can result in chemical burns, blindness, and painful reactions. Electrocution and accidental drowning are also possible. It is important to exercise caution when deciding where to swim, rather than assuming that all pools are safe.

*Should I Sue for a Pool Injury?* If you or a loved one has suffered a pool-related injury or even death, a lawsuit can allow you to recover all costs associated with your injury. You are likely to succeed in your lawsuit if you can show that the pool owner’s negligence contributed to causing your injury. If the owners failed to warn (verbally or on signs) of the slippery pool surface and did not take precautions to mitigate the risk, they will likely be liable for your injuries.

*The Benefits of a Lawsuit * A successful personal injury lawsuit aims to place you in the position you would have been in had the injury not occurred. This can include compensation for all costs related to past and future medical treatment for the injury, lost wages, reduced earning potential, loss of consortium, loss of enjoyment of life, and funeral and burial expenses if applicable. Additionally, you can receive compensation for the non-economic damages of pain and suffering, which aims to compensate you for the physical and emotional trauma you have suffered as a result of the accident. Additionally, in some cases, where the pool-owners’s conduct was particularly reckless or malicious, punitive damages may also be appropriate.

*Talk to a Seattle Personal Injury Lawyer * If you have suffered an injury as a result of a preventable pool injury, the Seattle personal injury lawyers Pivotal Law Group can help you get the compensation to which you are entitled. Serving Bellevue, Kent, Renton, Burien, Mercer Island, Issaquah, and all surrounding areas, Pivotal Law Group is ready to help you achieve the best possible outcome in your case. Call today to schedule a consultation.

Seattle Man Killed in Skydiving Accident

Posted Friday, April 23, 2021 by Chris Thayer

A 27-year-old man from Seattle tragically died earlier this week in a skydiving accident while jumping with Kapowsin Air Sports in Shelton. According to local police, the man jumped from the plane and opened his parachute without incident. He then began performing stunts with his parachute. Police stated that the man performed a stunt too close to the ground, causing his entire body to hit the ground with great force. He is believed to have died on impact. The FAA is currently investigating the crash. However, their investigation is limited to the packing of the primary and reserve parachutes, and the flight rules for the captain and crew on the plane.

*Liability for Skydiving Accidents * If you have been skydiving or participated in anything remotely risky, you have almost certainly been asked to sign a liability waiver. These waivers can be broad, intimidating, and full of legalese, but you probably grasped that you were signing away your right to sue if something went wrong. Well, not exactly. Just because you signed a liability waiver does not mean you are out of options. You are legally entitled to a reasonable duty of care regardless of any waiver you sign. If the skydiving company breaches their duty of care by acting in a way that is grossly negligent, it is illegal. As you cannot contract to accept illegal behavior (the same way you cannot legally give someone permission to shoot you) a waiver does nothing to insulate a skydiving company from their own gross negligence.

In the case above, it is unclear whether negligence may have been at play. While it seems like there was not an issue with the diver’s parachute or equipment, it is unclear whether he was given proper training prior to jumping. Skydiving companies can be found grossly negligent if they fail to provide reasonable guidance and training. However, if he was an experienced skydiver who had jumped with them before, it is unlikely that they would be found responsible for this outcome.

*Overcoming Liability Waivers * As noted above, it is possible to overcome liability waivers when the company has been grossly negligent or otherwise failed to meet the reasonable standard of care owed to their patrons. In another case, a man died when his parachute failed to open. Although the man was an experienced skydiver, he had just had his parachute packed by the skydiving facility prior to jumping. The court found that the skydiver was allowed to rely on the professional expertise of the skydiving facility, and was not required to conduct an independent check of the parachute pack. Further, the court found that by incorrectly packing and knotting the parachute, the facility had failed to meet their reasonable duty of care to the skydiver. While the facility had a liability waiver that they thought was iron-clad (so much so that they did not even purchase liability insurance), the court found that the waiver did not protect them from the consequences of their illegal negligence. The facility was bankrupted by the proceedings.

*Talk to an Attorney * If you have been injured in a Seattle accident due to another’s negligence, you do not have to bear the burden alone. The experienced personal injury lawyers at Pivotal Law are here to help. Call today and schedule a consultation.

Seattle Couple Killed in Crash by Drunk Driver, Leaving Children Orphans

Posted Friday, April 16, 2021 by Chris Thayer

An intoxicated 26-year-old Seattle woman is blamed for causing a violent crash that claimed the lives of a beloved Seattle couple and left their children orphans. According to police, the woman was allegedly driving erratically and under the influence of alcohol with her own 3-year-old son in her car with her when she side-swiped a vehicle, fled the scene, and then crashed into the West Seattle couple’s car, killing them both instantly. She then again fled the scene.

The couple, who were both artists, are now being fondly remembered as the community rallies around their now-orphaned children. The drunk driver now awaits arraignment on a slew of charges, including vehicular homicide.

*Recovering for Wrongful Death in Washington State * If you have lost a loved one due to a tragic accident that could have been avoided if not for someone else’s negligent, reckless, or malicious behavior, you may feel that nothing could help remedy the loss. While civil lawsuits cannot keep the accident from happening or mitigate the pain, they can repair the financial damages caused by the loss. While the criminal justice system aims to punish and rehabilitate the offender, the civil law system aims to restore the victims financially by putting them back in the position they would have been in had the accident never occurred. This can include compensation for all costs related to the treatment, death, and funeral, as well as for lost wages/economic support, and non-economic damages, like loss of companionship, consortium, enjoyment of life, loss of services, and pain and suffering.

Punitive damages, rather than purely serving to reimburse the victim’s family, are also intended to punish the offender. For this reason, they often apply in cases where the conduct was particularly egregious or malicious. Punitive damages would be likely if the case above were to go to trial.

*Statute of Limitations for Wrongful Death Claims in Washington State * If you are considering bringing a wrongful death claim on behalf of a loved one, it is important first, to know if you have standing, and second, not to wait too long. In order to bring a wrongful death claim on behalf of another, you must have standing. This means that you must share a special relationship with the decedent such that you have the right to represent their best interests in court. In Washington state, spouses, domestic partners, children, and stepchildren of a decedent have standing to pursue a wrongful death claim on the decedent’s behalf. The next question is whether they still have time to file the claim. Washington state has a time limit on how long you have to bring wrongful death claims, known as the statute of limitations. In most cases in Washington state, a wrongful death claim must be brought within three years of the date of death. However, if someone is injured in an accident and later passes away as a result of their injuries, it is possible that the statute of limitations will run from the accident, rather than from the date of death.

*Talk to a Seattle Personal Injury Lawyer * If you have lost a loved one due to someone else’s negligence or recklessness, you are entitled to compensation for your loss, and the experienced Personal Injury Lawyers at Pivotal Law are prepared to zealously advocate on your behalf to ensure you get the support and compensation you deserve. Contact Pivotal Law Firm today to schedule a consultation.

Cyclist Fatality Draws Attention to Growing Vehicle-Pedestrian Collision Crisis in Seattle

Posted Friday, April 9, 2021 by Chris Thayer

A 63-year-old Seattle man who was riding his bike near Seward Park around 7:00 at night was fatally struck by a late model silver Nissan Sentra, which then fled the scene, abandoning the critically-wounded victim. The driver was traveling north on Seward Park Avenue South, east of Wilson Avenue South, at the time of the collision. Several witnesses saw the accident occur, and told police they believe the car had Washington plates and that the first six characters were BKU 053. Police say that the Nissan involved in the hit-and-run will also have a broken windshield.

The man was not killed by the impact, and witnesses performed CPR on him until paramedics arrived and transported him to Harborview Medical Center where he later passed away due to his injuries. The investigation into this case is still open ongoing, as the driver has not yet been identified. Anyone with information is asked to call 206-233-5000.

*The Recent in a Long String of Pedestrian Deaths * Seattle has been reckoning with its pedestrian-vehicle collision crisis for decades. In 2010, it enacted the plan Vision Zero, designed to reduce Seattle traffic fatalities to zero by 2030, noting that their streets and highways have always been designed for the convenience of cars, rather than for the safety or ease of use for pedestrians. The Vision Zero Coordinator, Allison Schwartz, emphasized that Seattle’s homeless and elderly citizens are the most vulnerable to fatal car crashes.

*Despite Fewer Drivers, More Deaths * The data is perplexing at first glance. There were less drivers on the road due to the pandemic, so you might expect there to be fewer accidents, injuries, and deaths. And you are partly right. Last year Seattle had the lowest number of serious injuries as a result of vehicle crashes out of all the years, but tied with 2013 for the highest number of deaths. How could injuries decrease while fatalities increase? More than half the people killed were pedestrians. It is no secret that pedestrians are incredibly vulnerable to vehicles. If a pedestrian is hit by a vehicle, they are almost certain to be injured, as the vehicle likely weighs about 30 times as much as they do, and is in motion. In fact, if a car hits a pedestrian at just 30 miles per hour, there is a 20% chance that the pedestrian will be killed. If that speed increases by just 5 miles per hour to 35 mph, the chance of death for the pedestrian increases to 50%. If the speed increases to 45 miles per hour, the risk of fatality for the pedestrian jumps to a staggering 90%. 45 miles per hour is far lower than many state roads, but Seattle has been working to reduce speed limits all over the city.

*Schedule a Consultation * If you have been injured in a Seattle-area vehicle accident due to another driver’s carelessness or recklessness, Pivotal Law Group is here to help. Serving Seattle, Bellevue, Kent, Rento, Burien, Mercer Island, Issaquah, and all surrounding areas, our lawyers are prepared to zealously advocate on your behalf and ensure that you get the compensation that you deserve. Contact Pivotal Law Group today to schedule your consultation.

Watch out for these Spinal Cord Injuries After a Car Crash

Posted Friday, April 2, 2021 by Chris Thayer

Car accidents can be devastating to your body, physically and emotionally. Hitting another car, even at a low speed, is essentially like running into a wall at that speed. In head-on collisions, the force is doubled, leading to even more serious injuries. Spinal cord injuries, while not always obvious at the scene of the crash, can be life-altering and very serious. Understanding the kinds of spinal cord injury that are common in an accident, may help you to be on the lookout for similar symptoms so that you can seek appropriate treatment.

It is critical to go to a hospital for medical treatment as soon as possible following an accident, even if you do not have symptoms. Sometimes the adrenaline that a crash triggers can block our ability to fully feel pain, so we decline medical treatment only to wake up the next day unable to sit up. The more time that passes between the accident and medical treatment, the more of an opportunity it presents the defense to claim that something other than the crash caused your injuries, so it is always better to get a physical evaluation sooner rather than later.

*Common Spinal Cord Injuries Caused by Vehicle Collisions* - Whiplash. Whiplash is one of the most common spinal cord injuries related to vehicle collisions, and is particularly prevalent in rear-end accidents. Whiplash is a cervical spine injury, caused when the neck is forced to suddenly snap back and forth like a whip. Whiplash may seem like a common phrase, but it triggers a broaden condition, known as Whiplash-Associated Disorder. This disorder can cause depression, dizziness, fatigue, irritation, headaches at the base of the skull, limited neck movement, numbness in the arms, problems focusing, ringing in the ears, and more. - Herniated Discs. A herniated disc occurs when a spinal disc is placed under too much pressure, causing the disk’s soft center to ooze out, and place pressure on the surrounding nerves. In some cases, herniated discs can also be caused by repetitive movements, or old age, which decreases the cushioning between the discs. A herniated disc can be an incredibly uncomfortable and debilitating experience, causing muscle weakness around the affected area, pain, tingling, and other nerve-sensations, limited range of motion, and other symptoms which can affect a person’s ability to complete day-to-day tasks. - Vertebrae Fractures. Like all bones, vertebrae are susceptible to fracture. Minor factors can heal on their own over time, provided the person takes ample rest and does not place the vertebrae under additional stress. Even minor fractures can cause severe pain when moving. Depending on the area where the fracture occurred, it may also cause weakness or tingling in the extremities, limited movement, or loss of bladder and/or bowel function. More serious fractures can cause paralysis or even death.

If you have been injured in an accident and are experiencing any of these symptoms, it is important to seek medical attention as soon as possible.

**Talk to a Seattle Personal Injury Lawyer

**If you have been injured in an accident, you do not have to bear the burden alone. Pivotal Law Group is prepared to zealously advocate on your behalf and ensure that you get the settlement to which you are legally entitled. Call today to schedule your free consultation.