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Premises Liability - Highest Duty of Care owed to an Invitee
A possessor of land is obligated, to varying degrees, to those who come upon his or her land. The level of obligation is determined by the “status” or connection with the land. This is somewhat an antiquated legal perspective, and many other…
Published Friday, January 15, 2010
Premises Liability - Location, Location, Location
There are 3 definitions that govern premises liability as well as real estate property values. The State of Washington relies on an antiquated distinction articulated for numerous centuries, dating back to English Common Law – of liability and the duty…
Published Thursday, September 22, 2016
Nondelegable Duties
Nondelegable Duties Washington Pattern Instruction (WPI) 12.09 states the following: “(Fill in person or entity) is not relieved of its duty to (particular duty) by delegating or seeking to delegate that duty to another person or entity.” In the case of…
Published Friday, December 16, 2016
Premises Liability – What is your status?
What’s your status? This is a typical question for this day and age on Facebook. It also matters when it comes to law, specifically in the State of Washington, if you are going to recover from injuries sustained on another’s property it often…
Published Wednesday, October 26, 2016
Social host liability
Property owners owe a duty of care to their guests to exercise reasonable care. This is subject to much discussion on what was/is reasonable care. A property owner must either warn or create a safe environment for their guests. Washington case law states…
Published Saturday, March 17, 2007
Insurance Policies and Anti-Stacking Clauses
Under RCW 48.22.030(6) anti-stacking exclusions are allowed. Insurance polices often include statements limiting the highest possible amount of coverage of liability that applies. In the case of Greengo v. Pemco, 135 Wn. 2d 790 (1998) Justice Sanders…
Published Saturday, February 03, 2018
Duty to investigate - onus is on the insurance company to do it correclty
Insurance companies have a duty to investigate a crash. They have an obligation to do it quickly and without a detrimental impact on their insured – the person who is covered by the insurance. Thus, when investigating a claim, their sole obligation…
Published Tuesday, November 17, 2009
False Assumption - 8. All my medical bills will be paid
All my medical bills will be paid because someone else is at fault. For an auto accident, the initial insurance you must look to for help in paying for medical treatment is your own automobile insurance. In the State of Washington, we have Personal…
Published Tuesday, July 24, 2007
Young Lawyer Gets 36.1 Million Dollar Verdict
The article that follows is a quick read ~ and a great example of why personal injury trial lawyers catch a bad “rap”. All that the media ever reports is the verdict! They don’t explain the precipitating facts ~ that the insurance…
Published Wednesday, February 17, 2010
Underinsured Motorist Coverage Provides a Floating Layer of Coverage
In the State of Washington, underinsured motorist (UIM) insurance provides coverage above any liability coverage for an at-fault party. This can be beneficial to provide more available funds to an injred person and may be the only avenue of insurance to…
Published Thursday, January 25, 2018
