Two recent incidents in the Tacoma area show how property owner negligence can contribute to preventable injuries and fatalities.
In August 2023, a devastating fire swept through the Jamestown Estates mobile home park near Tacoma in Lakewood, Washington. The fire resulted in the deaths of two men, injuries to several residents, and the destruction of nine homes. The fire began on an adjacent vacant property, where a fire pit had been left unsupervised. Mobile home park residents filed a lawsuit against the property owner, accusing them of negligence. According to the lawsuit, the owner failed to maintain the property by allowing overgrown vegetation and debris to accumulate in violation of local safety codes. Additionally, the lawsuit claims the owner did not secure the property, leaving it accessible to people experiencing homelessness, some of whom reportedly started the fire.
The estate of Joseph Briggs, an off-duty security guard killed outside the Night Owl Lounge in Tacoma, filed a wrongful death lawsuit against the lounge’s operators, property owners, and security company. In September 2023, Briggs was shot and killed while trying to protect three women from being assaulted in the lounge’s parking lot. The lawsuit alleges that the defendants failed to provide adequate security and did not address a known history of crime at the location. Over the six years leading up to the shooting, there were numerous reports of violent incidents, including domestic assaults, shots fired, and a drive-by shooting. The lawsuit claims that by failing to monitor the premises, provide security, and remove dangerous individuals, the defendants contributed to the conditions that led to Briggs’ death.
Premises liability accidents happen when property owners, managers, or occupants fail to keep their properties safe, and people get hurt or killed as a result. These incidents can take many forms, and they often result from negligence in maintaining properties or addressing known hazards. Below are some of the most common causes of premises liability accidents in Tacoma:
Failing to post proper warnings can lead to accidents, especially in areas with known hazards. For example, a property with uneven floors should have clear signs to alert visitors. Without these warnings, people might be unaware of the danger and could trip or fall.
Invitees are people who enter a property for business purposes, such as customers in a store. Property owners owe invitees the highest level of care.
Licensees are visitors who enter a property for their own benefit, such as social guests or door-to-door salespeople. For licensees, property owners must provide warnings about known, non-obvious hazards.
Trespassers receive the lowest level of protection. Property owners cannot intentionally harm trespassers but do not have to protect them from unknown dangers.
An exception to the lower duty of care for trespassers exists under the attractive nuisance doctrine. This doctrine protects children who trespass because of enticing yet dangerous features like unsecured swimming pools.
If you suffer injuries in a Tacoma premises liability accident, taking the right steps can protect your health and ability to pursue compensation. Here’s what you should do:
Seek medical attention immediately, even if you think your injuries are minor. Keep records of all medical treatment, including doctor visits, medications, and therapies related to your injury.
Take pictures of the scene, including any hazards that caused your injury, such as wet floors or broken stairs. Gather contact information from any witnesses who saw the accident or can verify the property conditions. Preserve any physical evidence, like clothing or shoes, that might show the accident’s impact.
Report the accident to the property owner or manager as soon as possible. Request a copy of their incident report for your records.
Avoid discussing fault or making statements to the property owner or insurance company before consulting a lawyer.
Contact an experienced premises liability attorney to understand your legal options and receive guidance on your next steps.
If you suffer injuries in a premises liability accident in Tacoma, you could be entitled to financial compensation for your losses. The purpose of this compensation is to cover the costs associated with your injuries and the impacts they have had on your life, such as:
In premises liability cases, insurers may argue that:
They often use these types of tactics to reduce their payout, leaving you to cover expenses like medical bills, lost wages, and ongoing rehabilitation costs on your own.
A skilled premises liability attorney will understand the specific tactics insurers use to undervalue and deny claims related to dangerous property conditions. They can:
Working with an attorney can help you avoid lowball settlements that don’t fully account for your injuries, future medical care, and lost wages. A lawyer can negotiate with insurance companies and, if necessary, take your case to court so that you receive fair compensation for all your losses.
In Washington, you have three years to file a premises liability lawsuit. If you wait too long and miss the filing window, the court could dismiss your case, and you could lose the right to take legal action. This would leave you unable to recover any compensation for your injuries, medical bills, or lost wages.
In light of personal injury statute of limitations in Washington, it’s best to contact a lawyer right away after getting hurt on someone else’s property. An attorney can review your case and file your claim on time. Delays could weaken your case, and evidence will likely become harder to gather as time passes. By contacting an attorney as soon as possible, you protect your rights and increase your chances of securing fair compensation.
A Tacoma premises liability lawyer can handle every aspect of your injury case and work tirelessly to secure the compensation you deserve while you focus on healing.
Your lawyer will start by investigating the accident, gathering evidence, and identifying potentially liable parties. This might involve reviewing property maintenance records, speaking to witnesses, or consulting experts to show that the property owner’s negligence caused your injuries. Your attorney can also calculate the full extent of your losses, including medical expenses, lost wages, and pain and suffering, so they can seek full compensation on your behalf.
Premises liability lawyers can negotiate directly with insurance companies, so you don’t have to worry about saying anything that could harm your case. Insurance companies often try to offer low settlements or completely deny your premises liability claim, but an attorney can push back and work to maximize your compensation. If the insurance company won’t offer a fair settlement, your lawyer can take your case to court and represent you there.
If you’ve suffered harm in a preventable accident on someone else’s property, don’t wait to get the legal help you need. Freeman Law Firm, Inc., is here to answer your questions and pursue the compensation you deserve. Contact us today at (253) 383-4500 or use our contact form to request a free consultation.
