Property Owner's Liability (Slip & Fall)

• Fourth of July Fireworks: As Always, Way too Many Injuries

  Mark McLean | July 06, 2007 7:10 PM | 0 CommentsSeattle, WA

  Without fail, fireworks cause serious personal injuries throughout the country every Fourth of July. Seattle is no exception. Harborview treated 32 injuries as a result of fireworks this year.Often fireworks injuries happen due to the handler's own behavior. Not always. This year, a man was seriously injured when a rocket exploded on a barge on Big Lake in Mount Vernon.Yesterday, a colleague...

• Fall on Sidewalk? Plenty of Potential Defendants Including Landowner, Business Owner and City

  Michael Myers | May 10, 2007 8:12 AM | 0 CommentsSeattle, WA

  When you fall on a sidewalk there are a number of potentially responsible parties. These responsible parties can be put into three major categories: Municipality, abutting landowner, and abutting business owner.While the city generally has a primary responsibility to maintain sidewalks (different rules may apply to parking strips and planting strips) responsibility can also fall on the...

• Worker Memorial Day Honors Those Who Died on the Job

  Ryan Nute | May 09, 2007 8:47 AM | 0 CommentsOlympia, WA

  112 Washington residents died in 2006 because of injuries sustained in the workplace. A memorial was held by the Washington Department of Labor & Industries in April, which was attended by Governor Chris Gregoire. The ceremony has been held at the Department's headquarters in Tumwater for the past fourteen years. Many people are surprised to learn that injured workers are generally limited to...

• Pit Bull Attacks Woman and Greyhounds

  Ryan Nute | April 13, 2007 5:13 PM | 0 CommentsTacoma, WA

  Cynthia Greear and her two dogs were attacked by a neighbor's pit bull in Lakewood, Washington. One of the dogs was killed and the other was badly injured.The attack continued even after neighbors intervened. The owner of the pit bull is reportedly taking full responsibility for the attack and offered to pay Ms. Greear's veterinary bill.As the recent pet food litigation suggests, compensation...

• Suicide in Thurson County Jail

  Ryan Nute | April 13, 2007 4:33 PM | 0 CommentsTacoma, WA

  A 48-year old man charged with attempted first-degree murder and several other crimes apparently committed suicide in the Pierce County Jail Wednesday. Reportedly he was facing life in prison under Washington's "Three Strikes" law.According to the Sheriff's office the man was not on a suicide watch and had not been a concern.Unfortunately, people in jail or in prison can easily be suicide...

• $45 Million Claim Filed Against State by Abused Foster Children

  Ryan Nute | February 01, 2007 8:50 AM | 0 CommentsOlympia, WA

  Enrique Fabregas had a criminal record and a list of unresolved sexual abuse complaints against him. Nevertheless, the State of Washington placed foster children in his home. The foster children have filed suit against the State for $45 million, arguing that Mr. Fabregas should not have been licensed.The claimants allege Mr. Fabregas (currently in jail) subjected them to severe abuse. One of...

• Slip and Fall Victim on the Mend

  Ryan Nute | January 08, 2007 9:31 AM | 0 CommentsTacoma, WA

  Lonee Schoenfeldt sustained a severe brain injury last October after slipping on steps while leaving a school function at Washington State University. She was in a coma and underwent five hours of brain surgery. Ms. Schoenfeldt recently returned to her home town of Port Angeles and will be undergoing physical therapy, occupational therapy and speech therapy. Apparently Ms. Schoenfedlt was...

• Health Club and Other Disclaimers

  Michael Myers | January 03, 2007 8:37 AM | 0 CommentsSeattle, WA

  We see disclaimers almost every day. And just about as frequently we're asked whether they're effective. Like with most legal questions, the answer is "it depends". The general rule is pretty easy to articulate. In Washington exculpatory clauses are enforceable unless (1) they violate public policy; (2) the negligent act falls greatly below the standard established by law for protection of...

• Tort Claims Against the State of Washington

  Ryan Nute | January 02, 2007 7:01 PM | 0 CommentsOlympia, WA

  You may be surprised to learn that the historical rule was that citizens could not sue their government for its negligent acts. The doctrine was called "sovereign immunity." While the limitations imposed by sovereign immunity have eroded considerably, there are still procedural hurdles today to filing a negligence claim against the State of Washington. As a procedural matter, all negligence...

• Bicycle Advocacy Group Challenges Ordinance Barring Repairs to Trail

  Ryan Nute | January 01, 2007 5:46 PM | 0 CommentsOlympia, WA

  The Lake Forest Park city council passed Ordinance 951, which reportedly prohibits King County from upgrading a section of the Burke Gilman Trail to improve its safety. Cascade Bicycle Club, a local bicycle advocacy group, is challenging the ordinance. The group filed an appeal with the Growth Management Hearings Board and contends that Ordinance 951 violates Washington's Growth Management Act....