In a Washington negligence case, the plaintiff must prove the defendant breached a duty of care and that the breach was the proximate cause of the plaintiff’s injury. Generally, there is not a duty for one person to prevent someone else from causing injury to another person, but there may…
Articles Posted in Personal Injury
Washington Tenant Found Not Liable for Fall on Stairs in the Common Area
When a person slips and falls in an office building, it is important to ascertain who may be liable. Multiple tenants, a property management company, building owners, and even some vendors contracted to do certain work may have some responsibility. Liability may depend in part on the leases, contracts, and…
Washington Strict Liability Dog Bite Law Only Applies When There Is a Dog Bite
A dog owner is generally strictly liable for injuries resulting from a Washington dog bite if the person who was bitten was in a public place or lawfully in a private place, including the dog owner’s property. This strict liability statute applies only when the dog bites a person. Where…
Washington Hit-and-Run Claims
When a person is injured by someone else’s negligence in a Washington automobile accident, he or she may want to seek compensation from the negligent party. In some cases, however, the negligent party may not have sufficient insurance or may be unidentified. In such cases, the injured person may seek…
Washington Court Finds No Proximate Cause and No Res Ipsa Loquitur in Ladder Fall Case
The plaintiff in a negligence case generally must prove all four elements of negligence. In some rare cases, however, a Washington personal injury defendant may not have to prove the negligence elements based on the doctrine of res ipsa loquitur. Res ipsa loquitur is a doctrine that allows plaintiffs to…
Washington Dept. of Corrections Not Liable for Death of Domestic Violence Victim
The Department of Corrections (DOC) has a duty to supervise offenders who are released on supervised probation. The DOC is generally not liable for Washington personal injuries caused by a probationer, unless it acts with gross negligence in supervising him or her. To show gross negligence, a plaintiff must show…
Washington Schools Not Held to Heightened Duty of Care
When parents send their children to school, they expect the school to supervise and care for the children. They do not anticipate a child being seriously injured at school. Parents may think the school has a heightened duty of care toward the students in its care, but that may not…
Washington Premises Liability Case Allowed to Proceed Despite Plaintiff’s Lack of Memory
Sometimes an accident victim does not know the exact cause of the accident. They may not have seen what happened, or in some cases, the injuries may cause a loss of memory. A lack of memory can make a case very difficult, but Washington personal injury attorneys know that the…
Washington Landowner Not Liable for Hazards on Others’ Property
Photo Credit: dvande / Shutterstock.com Property owners may be liable for injuries that result from a dangerous condition on their property. The duty a property owner owes to a person on his or her property regarding a dangerous condition of the property often turns on the status of the injured…
Failure to Mitigate Damages in Washington Personal Injury Case
Photo Credit: DedMityay / Shutterstock.com A defendant in a Washington personal injury case may try to limit damages by alleging the plaintiff failed to mitigate damages. A defendant seeking a failure to mitigate jury instruction must show that the plaintiff acted unreasonably in deciding on treatment when there were alternative…