Defenses to a Premises Liability Lawsuit
Posted Friday, September 14, 2018 by Chris Thayer
Under Washington law, property owners are responsible for maintaining their premises in a safe condition and warning visitors of hidden hazards. If you are injured while visiting someone’s home or business, the owner might be liable for your medical bills, lost wages, and other related expenses. There are certain defenses that property owners can use to avoid liability.
*Who can Bring a Premises Liability Claim?*Whether the owner is responsible depends on whether he or she owed you a duty of care. The standard of care depends on whether you are an invitee, social guest, licensee, or trespasser:
- If you are an invitee, that means you were invited onto someone’s property. Property owners have a duty to exercise ordinary care in maintaining safe conditions where invitees are invited or reasonably expected to go.
- If you enter someone’s property with the owner’s permission for your own business purposes, then you are a licensee. For example, homeowners generally “allow” people, including salespeople, to come knock on their front door. The property owner is only responsible for fixing unsafe conditions that he is or should be aware of, or to at least post a warning.
- If you enter the property with the owner’s permission for non-business purposes, then you are a social guest (like if you randomly stop by to see if your friend is home). The owner owes the same duty of care to social guests as to licensees.
- If you go onto someone’s property without permission, that means you are trespassing and you are proceeding at your own risk. Property owners do not owe you any particular duty of care other than not deliberately injuring you.
*Common Defenses Used to Defeat a Premises Liability Claim*One common defense used against premises liability plaintiffs is that the injury happened because of an open and obvious danger. For example, a staircase – with no extenuating circumstances like a spilled substance or rotten floorboard – is an obvious danger. If you trip on the stairs then you probably can not sue the property owner.
Another common defense is that the plaintiff assumed the risk. Generally, “assumption of risk” means that when someone voluntarily enters onto property with known, inherent risks, that person cannot sue for injuries unless the injuries were actually caused by negligence. For example, if you visit a campground knowing that bears sometimes wander through the campsites – and there are signs warning you about bears – then you have assumed the risks that the bears pose.
Washington is also a comparative fault state, meaning that damages are reduced by the victim’s own percentage of fault. So, even if the property owner was negligent, you are not entitled to compensation for your role in the injury.
*Contact Us Today*If you are injured at someone’s home or business, you might have a premises liability claim. Contact one of our personal injury attorneys today for a free consultation. We will craft an effective litigation strategy against any defenses that might be used against you and help recover the compensation that you deserve.
(image courtesy of Luca Bravo)