Premises Liability (Other Property Injuries) in Washington State

Not all injuries on someone’s property are due to slips or trips. Premises liability is a broad area that covers any injury caused by an unsafe or defective condition on another’s property. This can include scenarios like objects falling from shelves, inadequate security leading to assaults, dog bites on the property (though dog bites have specific statutes, as discussed separately), swimming pool accidents, structural collapses, and more. In Washington, the principles of premises liability law apply to these situations as well. In this section, we’ll discuss other common types of premises liability cases beyond slip and falls, and why Church, Page, & Gailan is the right firm to handle such cases in Eastern Washington.

Types of Premises Liability Cases (Beyond Slip & Fall)

Some examples of premises liability situations include:

• Falling Merchandise or Objects: If you’re in a store and an item from a high shelf falls and hits you, the store may be liable for improper stacking or not securing items. For instance, a customer in a warehouse club might be struck by a heavy box that was improperly stored. The store’s duty is to safely stock and warn customers if there’s a risk (some stores have signs “Do not climb shelves – ask for assistance,” etc.). If they violate safe stocking practices, that’s negligence.

• Inadequate Security: If you are lawfully on a property (like an apartment complex or a hotel) and become the victim of a crime due to lack of reasonable security, the property owner might be liable. For example, if a parking garage had broken lights and a history of muggings but the owner didn’t fix lighting or provide any security patrol, a victim of an assault could claim the lack of security was a contributing factor. Washington cases have allowed such claims when a crime was foreseeable due to prior incidents and the owner failed to take basic precautions.

• Swimming Pool Accidents: Private and public pool owners have a duty to ensure pools are reasonably safe. This means having proper fencing/gates (especially to protect children under the attractive nuisance doctrine), adequate warnings if no lifeguard is on duty, and maintaining the pool and deck (to prevent drownings and slip injuries). If someone drowns or is injured because, say, a pool gate was left unlocked or there were no required safety drain covers (leading to entrapment), the owner can be liable.

• Structural Failures: These include things like a balcony or deck collapse, a railing giving way, a ceiling collapse, or an elevator malfunction causing injury. Washington property owners must maintain structures and adhere to building codes. If a deck was rotted and collapses during a gathering, injuring guests, that’s a clear premises liability claim. Often building code violations serve as strong evidence of negligence in such cases.

• Fires or Electrical Hazards: If an apartment has faulty wiring and catches fire, injuring a tenant, the landlord could be liable if they knew of the issue or violated electrical codes. Or if a business blocks emergency exits and a patron is hurt in a fire because they couldn’t exit quickly, that’s negligence on the business’s part (violating fire safety regulations).

• Toxic Exposure: Sometimes premises liability extends to exposure to harmful substances on the property. Examples: A landlord fails to remediate black mold or asbestos, causing tenant illness; a hotel has a carbon monoxide leak due to poor maintenance of HVAC, injuring guests. Washington law would require showing the owner knew or should have known of the hazard and failed to address it.

The same legal classifications apply (invitee, licensee, trespasser) as discussed earlier . Most of the above involve invitees or tenants (who are often considered invitees in common areas, or licensees in their own rented space depending on context). In each case, we must prove the owner/manager didn’t meet the standard of care: they either created the dangerous condition or knew (or should have known) about it and didn’t fix or warn in time.

Landlord Liability and Tenant Rights

Landlords in Washington have specific duties under both the common law and the Residential Landlord-Tenant Act (RLTA). They must provide premises that are safe and habitable. This includes maintaining structural components (stairs, railings), keeping common areas safe, and addressing hazards that tenants report. If a tenant or a guest is injured in a rental property, a key question is whether the landlord had notice of the dangerous condition. For example, if a tenant had repeatedly notified the landlord of a leak causing a ceiling to sag, and the landlord did nothing until the ceiling collapsed on someone, liability is likely. Even without prior notice, if the hazard was something the landlord should have discovered during reasonable inspections (like severe dry rot in an exterior staircase), they could be responsible.

Washington’s RLTA (RCW 59.18) also requires landlords to maintain electrical, plumbing, heating systems, etc., and keep the unit safe. A violation can sometimes be negligence per se. For instance, RCW 59.18.060 requires landlords to provide adequate locks. If a faulty lock allows an intruder to enter and harm a tenant, that statute breach supports the tenant’s case.

Steps to Take if You’re Injured on Another’s Property (Non-Slip & Fall)

The steps are similar to those after a slip and fall, with some additions:

• Report the Incident: Tell the property owner or manager immediately. If you’re a tenant, put it in writing to the landlord. If in a store or public place, get an incident report.

• Document the Scene and Hazard: Take photographs or video of what caused your injury. If a railing broke, get pictures of the broken railing. If you were assaulted in a dimly lit area, photograph the lighting conditions and lack of security features (like no cameras or locks). These cases often require showing the condition of the premises, so documentation is crucial.

• Witnesses: As always, gather witnesses. For negligent security, other residents might attest to how crime-ridden the area was and lack of security measures. For structural issues, witnesses might include other tenants who knew of the hazard.

• Police Report (if crime involved): In inadequate security cases, a police report on the crime is important. It not only documents the attack but may contain info about how the perpetrator accessed the property.

• Medical Attention: Seek medical help for your injuries. For toxic exposures, this might mean seeing a doctor for respiratory issues and getting tests. For assaults, have injuries documented (and do follow up with mental health counseling if needed for trauma, as emotional damages are recoverable too).

• Preserve Evidence: In some cases, the physical object is evidence (like a defective product or broken stair piece). If feasible, preserve it. Your attorney might ask the property owner to preserve, say, a piece of broken railing for expert examination.

• Legal Advice: Premises liability cases outside of slip and fall can be even more complex (e.g., proving foreseeability in a negligent security case often requires crime statistics analysis). It’s wise to consult an attorney early. Also, for claims against a government (like a city-owned garage attack, or injury at a public park due to poor maintenance), special claim filing procedures apply, usually requiring notice within 60 days and lawsuit within a specific time. We will navigate those for you.

Compensation and Proving Fault in Other Premises Cases

Damages in these cases include the full range: medical costs (physical and psychological), lost wages, pain and suffering, and sometimes property damage (if your property was damaged in the incident, like clothing or a vehicle during a structural collapse).

Proving fault can require experts:

• In a structural collapse, we’d bring in structural engineers to examine why it happened – was it code-noncompliant construction or lack of maintenance? For example, perhaps the wood was rotted due to long-term water intrusion that a landlord ignored.

• In inadequate security, we might use security experts or former law enforcement to testify that measures like cameras, guards, or fence repairs were standard in similar properties in high-crime areas, and the defendant fell below that standard. We’d gather crime data to show the risk was foreseeable.

• In fire cases, fire investigators can pinpoint cause (say, faulty wiring) and whether proper safety measures (working smoke detectors, clear exits) were in place.

• For toxic exposure, medical experts connect the exposure to your illness (e.g., linking carbon monoxide leak to neurological symptoms, or mold to respiratory problems).

Washington courts often look at whether the harm was foreseeable and whether the owner took reasonable steps. For example, a leading case might be one where a motel knew of prior assaults on guests; failing to install better lighting might be deemed unreasonable.

One challenge in these cases is that insurance companies strongly defend them, sometimes claiming the act of a third party (like a criminal) cuts off their insured’s liability. But Washington law will hold the owner liable if their negligence is a proximate cause, even if a third party also contributed. For instance, inadequate security doesn’t excuse the criminal, but the law recognizes there can be more than one proximate cause to an injury.

Why Church, Page, & Gailan for Premises Liability Cases

Premises liability cases require a firm that is knowledgeable, resourceful, and unafraid to take on property owners and their insurers. Church, Page, & Gailan fits that bill:

• Broad Premises Liability Experience: We don’t just handle slip and falls. Our attorneys have dealt with a range of premises cases – from a client injured by a collapsing porch to a tragic drowning case. This breadth means we know how to approach each unique scenario and what evidence to gather. We are well-versed in landlord-tenant law, building codes, and security standards, which often intersect with these cases.

• Network of Experts: As noted, many of these cases hinge on expert testimony. Over the years, we have built relationships with highly qualified experts.  We select experts who not only have stellar credentials but can explain their findings clearly and persuasively. When we go up against a negligent property owner, we come armed with facts backed by science and professional analysis.

• Tenacious Discovery: Property defendants might have internal records that prove knowledge of a danger (maintenance requests, prior incident reports, emails). We are adept at the discovery process – we will demand those records and, if needed, use subpoenas or court orders to get them. In one case, for example, we compelled a property management company to turn over years of maintenance logs that showed repeated complaints about a broken gate that was never fixed – directly supporting our negligent security claim. We leave no stone unturned.

• Understanding of Insurance and Law: Many property owners (especially businesses) have comprehensive insurance or legal teams. We speak their language. If an insurer tries to deny by citing some policy exclusion or legal doctrine, we likely already know the counterargument. For instance, if they argue “we couldn’t have foreseen that crime,” we can cite crime data or similar cases to refute that. If they claim the injury was due to a contractor’s fault not theirs, we examine the contracts and relationships to identify all liable parties (maybe we include the contractor too). Our knowledge ensures that all avenues for recovery are pursued.

• Local Reputation and Results: In Eastern Washington communities, we’ve earned a reputation for being champions for the injured. Our past successes in tough cases give us credibility. Insurance adjusters and defense lawyers know that when we bring a premises liability claim, we have the evidence and willingness to go to trial. Our firm’s history of high-value settlements and verdicts shows that we don’t back down. This track record can motivate defendants to settle fairly rather than risk losing big in court against us.

• Personal Commitment: Being injured on someone else’s property can feel very personal – you trusted that environment to be safe. We empathize with the betrayal and harm you’ve experienced. Our attorneys truly care about righting that wrong. We give each case individualized attention, devising a strategy tailored to the specific facts. Throughout the process, we keep you informed and involved. We might, for instance, invite you to join us when an expert inspects the site so you can see progress. It’s part of treating clients as partners in the case. Ultimately, your well-being (physical, financial, emotional) is our driving concern.

In summary, Church, Page, & Gailan has the legal skill, the investigative muscle, and the heartfelt dedication needed for any premises liability case – from straightforward to highly complex.

Call to Action: Injured due to a property owner’s negligence in Washington? Call Church, Page, & Gailan at 1-509-638-1414 for a free case evaluation. Whether you were hurt by a structural collapse, an assault in a poorly secured area, or any hazard on someone’s property, we are ready to help. Our experienced attorneys will assess what happened, explain your legal options, and fight for the compensation you deserve. We serve all of Eastern Washington with offices conveniently located in Yakima, Kennewick, and Wenatchee . Reach out through www.churchpagegailan.com or phone to get started. We are here to hold negligent property owners accountable and to secure justice and financial recovery for you.