2 necessary elements for premises liability claims

On Behalf of | Jun 3, 2023 | Premises Liability

Sometimes, people who are visiting someone else’s property will get hurt during that visit. A dog could attack a delivery person walking away from someone’s front door or a guest might fall down a flight of unlit stairs and break a bone.

Those who get hurt while on someone else’s property sometimes have the option of filing a premises liability claim. It may start with an insurance claim and could evolve into a lawsuit. The injuries that may occur on someone else’s property can be severe and may leave someone with massive debts or a completely different life than they previously enjoyed.

A premises liability claim can help compensate someone for the consequences of getting hurt on another party’s property. These two elements are typically necessary for a viable premises liability claim in Washington.

Actual financial losses

A personal injury lawsuit is not an option if the only goal is to impose some kind of punishment on the responsible party. The plaintiff typically needs demonstrable economic losses if they hope to pursue a lawsuit. Washington personal injury claims related to a premises liability incident could include the cost of someone’s medical treatment and any property damage losses they may have suffered. Lost wages and also lost future earning potential connected with someone’s medical condition will also be losses that contribute to a lawsuit. Even the inability to live independently or perform household labor as one did previously can contribute to the total economic value of their claim.

A reason to claim negligence

Personal injury lawsuits are typically an option in one of two cases. The plaintiff either needs to prove that the other party broke the law or that they did something negligent. In cases involving premises liability claims, it is almost always negligence, rather than misconduct, that triggers the request for compensation. Negligence can involve not cleaning up space properly or not having enough workers on hand. If a reasonable person would agree that the business or property owner did something unsafe, then the situation may meet the standard for a negligence claim.

If someone’s circumstances meet both of those standards, then it may be possible for them to file an insurance claim or a civil lawsuit. Evaluating what happened concerning an incident at someone else’s property can help an injured individual determine if they may have grounds for a viable premises liability claim.


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