Premises liability refers to the general legal obligation of property owners – private, commercial and public property alike – to keep their premises safe and free of hazards to outside parties who may have reason to be on the premises. The legal concept of premises liability in Washington state is not absolute, though; premises owners are not automatically liable for deaths or injuries of people that occur on their property. To get a better idea of the level of liability the premises owners have, the injured parties are classified as one of three designations resulting from the nature of how they access the landowner’s property:
1. Invitee: The property owner has the most responsibility to an injured party when that party is classified as an invitee. In this case, premises owners must take an ordinary amount of care to ensure the property is free of dangerous conditions, which includes making periodic inspections. Should a potential hazard arise, the owner must act swiftly to either correct the problem or properly warn invitees of the problem. Invitees are most commonly individuals who are doing business with the property owners. Common examples include shoppers at a department store or patrons at a restaurant.
Should a potential hazard arise, the owner must act swiftly to either correct the problem or properly warn invitees of the problem. Invitees are most commonly individuals who are doing business with the property owners. Common examples include shoppers at a department store or patrons at a restaurant.
2. Licensee: Compared to an invitee, a property owner has less responsibility to persons classified as a licensee. Licensees are often individuals who enter a property for pleasure, such as those visiting a friend’s house or other private property. Owners are obligated to warn licensees of hazards that they know (or should have known) about, in addition to taking reasonable steps to alleviate the issue.
3. Trespasser: Property owners have the least responsibilities for persons classified as trespassers. A notable exception is in the case of children who trespass due to an “attractive nuisance,” defined as a condition on the premises that is attractive to children and has inherent dangers. One of the most common examples is an unattended swimming pool. Owners of private swimming pools must take steps to ensure children are not able to enter the water when nobody else is around, such as covering the surface with a tarp or installing a gate.
What Leads to Premises Liability Lawsuits?
A very common example of a premises injury that gives rise to a lawsuit is a slip and fall. Grocery store owners must constantly inspect areas of the property that are prone to collect standing water, like the aisles near frozen food sections. Another condition that may result in a premises liability lawsuit is inadequate lighting in a parking lot that is known to be a hotbed of criminal activity (burglaries, assaults, and so forth).
Contact Us
While the above information is meant to give you a baseline understanding of premises liability, every case is unique. The facts specific to your situation will determine the amount of liability the premises owner has, the extent of your losses, and the amount of compensation to which you may be entitled. To help you reach your goals, you need an experienced attorney who will fight for your interests. Get in touch with Attorney Jacqueline McMahon today to get started!
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