Everyone is reasonably entitled to expect that another’s property is safe and does not contain hidden dangers. Someone, the owner, agent or tenant, is responsible for ensuring that the property is reasonably safe. Of course, the “catch” is how someone defines “reasonable” and is the deciding factor in many lawsuits.
Why was the injured person on the property? Washington divides those injured on another’s property into three categories: an invitee, a licensee or a trespasser. This can be difficult to categorize in a specific case; talk to a Premises Liability Injury Attorney in Port Orchard for the specifics of a particular incident.
• An invitee is due the highest degree of safety as they are there at the specific invitation of the owner, or the property is open to the public. These people are entitled to expect that the property is safe for ordinary use. It can be expected that routine maintenance will be performed and that repairs are made as needed. For example, it can be expected that a railing is sturdy or that an amusement park ride is safe and not in need of repair.
• A licensee is not entitled to as high a level of care as an invitee. A guest of the tenant in a rented property would be considered a licensee.
• Trespassers are not entitled to a warning of a natural danger on the property, such as an icy driveway. However, if the danger was created by the owner, then the owner could be held liable for the trespasser’s injuries.
How did the visitor’s actions influence the accident?
• If a delivery person slipped and fell, they would normally be entitled to compensation for their injury.
• If the delivery person slipped and fell because they were drunk, that would have a dramatic effect on whether or not compensation was due.
Children fall into a special category. If one could reasonably (there’s that word again) that a child might be on the property and could be injured, the owner is obligated to protect the child from injury. This is why it is always wise to put a fence around a swimming pool.
If you were injured on someone else’s property and are not being treated fairly, talk to an experienced Premises Liability Injury Attorney in Port Orchard. Visit Otto Law Offices to learn about your options and how to receive fair compensation for your injuries.