accident

Accidents and premises liability in Washington

May 13, 2015 | Kraft Davies Olsson PLLC

When people lawfully enter onto the property of another, the property owner may be liable if they are injured due to a hazard that the owner knew about or should have known about. Business owners owe a duty of care to people to keep their premises safe and hazard-free.

The responsibility exists whether the business owns or rents the property. Business owners should buy a commercial general liability insurance policy in order to be prepared in the event an accident occurs. Owners and employees should regularly inspect the premises and immediately correct any discovered hazard or unsafe condition. It is a good idea for employers to have clear policies and procedures in place, and employees should not ignore a hazard believing someone else will take care of it.

If a hazard is not immediately correctable, the business should prominently display warning signs around it to help people avoid injury. Examples of such warnings include wet floor signs. When it is snowy or icy outside, businesses should make certain they keep their exterior walkways clear.

The doctrine of res ipsa loquitur in premises liability cases

January 29, 2015 | Kraft Davies Olsson PLLC

In a Washington premises liability personal injury lawsuit, plaintiffs will sometimes need to rely on circumstantial evidence in order to demonstrate the that the owner or manager of the property where the injury took place was negligent in maintaining the facility. The doctrine of res ipsa loquitur is a common law principle that allows plaintiffs to establish their burden of demonstrating negligence through other than direct proof.

There are several elements necessary to establish negligence through res ipsa loquitur. The plaintiff will need to demonstrate that what happened normally would not have if the owner or property manager had not been acting negligently. It will also have to be shown that the injury was not caused by the plaintiff or a third party. Finally, the plaintiff will be required to prove that the negligent action is within the scope of a duty of care owed to the plaintiff.

Res ipsa loquitur establishes a rebuttable presumption of negligence. The defendant will have a chance to overcome it, such as by showing that the duty of care that was owed did not extend to the plaintiff or that the plaintiff or another party was responsible for the injury, rather than the conditions on the property.

Icy conditions can lead to serious injuries

November 26, 2014 | Kraft Davies Olsson PLLC

Slipping on an icy sidewalk in Washington could result in a variety of injuries. A common injury is a muscle strain or sprain that is generally the result of an individual trying to catch him or herself. In most cases, these injuries can be treated by rest or by putting heat on the injured muscle. However, those experiencing severe pain are advised to see a doctor.

Those who feel tingling or weakness in their legs could be suffering from a herniated disc, an injury that commonly results from years of wear. Those who fall sufficiently hard enough on the ice could also sustain in such an injury. The good news is that this type of injury can be treated without the need for surgery. Painkillers, anti-inflammatory drugs and muscle relaxers may be enough to help overcome a herniated disc.

Tailbone and spinal cord injuries are also not out of the question after making hard contact with an icy surface. While tailbone injuries are painful, they rarely require anything other than rest to recover from. Those who experience tingling, loss of movement or numbness should not move. Instead, it is important to get medical help as soon as possible to lower the chances of paralysis resulting from a serious injury to the spinal cord itself.