The Application of Foreseeable Harm to Premises Liability

Posted Friday, March 8, 2019 by Chris Thayer

No one steps onto the property of another with the expectation that they will be injured. This is not just a personal expectation, but a reasonable expectation that is recognized by Washington state law. Property owners must maintain their property and keep it relatively safe for visitors. If a property owner fails to maintain his or her property and a visitor is injured, the property owner could be held liable for damages to the injured individual. What types of harm does a property owner need to prevent? Are there limits to this duty of care? Or are property owners responsible for anything that happens on their property, no matter the circumstances?

In Washington, property owners are required to protect against foreseeable harms. A foreseeable harm is one that is reasonably predictable. Property owners cannot be held liable for injuries on their property that are not reasonably known or predictable. When there is a foreseeable harm, it is up to the property owner to warn visitors to the property of this potential danger. The danger does not have to be actually known to the property owner. Instead, if there is a danger that the owner should have known about, the owner can be found liable for damages to a visitor.

*Types of Foreseeable Risks*There are two main types of foreseeable risks about which property owners may have to warn visitors to their property:

• Physical Risk: This refers to dangers on the property that can have a physical impact on an individual.
• Situational Risk: This refers to the entirety of a situation that might place an individual at the risk of injury.

An individual’s ability to recover damages from the defendant is dependent on whether the above mentioned foreseeable risks are serious enough that there is a threat of injury. If there is a serious risk of injury to visitors of property, the property owner must warn the visitors of property.

*Comparative Fault*Washington law states that an injured party can be partly responsible for their injuries. The injured party, in seeking damages for the injuries sustained on the defendant’s property, can have his or her award diminished by the percentage he or she is found to be responsible for injuries incurred. In some states, if an injured party is even partly responsible for his or her own injuries, the victim can be barred from receiving any type of damage award. If you are speaking with an insurance company or the other party and they mention fault, it is best to stop the conversation right then and seek help from a personal injury attorney.

If you have been injured on the property of another, you might be entitled to compensation for your injuries. The personal injury attorneys at Pivotal Law Group are here to explore the damages to which you might be entitled. We know that coping with sudden injuries can be difficult. That is why we make every effort to present the strongest case under the circumstances to help you pursue the damages you deserve. Contact us today for a consultation.

(image courtesy of Ariel Aguero)