Evaluating & Handling Premise Liability and Injury Cases
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How to evaluate and handle the premise injury cases, such as slip and falls, trip and falls, stairway fall, construction fall, sidewalk fall, parking lot fall, grocery store fall, and restaurant fall from a personal injury and accident attorney who practices in Seattle, Kent, Auburn, Tukwila, and Bellevue.
Evaluating & Handling Premise Liability and Injury Cases
- 1. EVALUATING THE PREMISE LIABILITY CASE AND IDENTIFYING CAUSATION Edward K. Le, Esq. Edward K. Le, PLLC 135 Park Ave N. Renton, Wa 98057 (425) 336-2255 Email: edward@edwardkle.com www.edwardkle.com
- 2. CHARACTERISTICS OF PREMISE LIABILITY CASES VIEWED BY THE DEFENSE AS DEFENSIBLE & AGGRESSIVELY DEFENDEND LIABILITY IS MUCH MORE FACT INTENSTIVE AND DEPENDS ON EARLY AND RIGOROUS INVESTIGATION
- 3. First Thing to Do Determine Status of Injured Person INVITEE LICENSEE TRESPASSER
- 4. DUTIES OF LANDOWNER TRESPASSER GENERALLY NO DUTY LICENSEE LIMITED DUTY & TO GIVE REASONABLE WARNING INVITEE - DUTY OF ORDINARY CARE, SUCH AS INSPECTING, MAINTAINING, TAKE REMEDIAL ACTIONS & WARN
- 5. IDENTIFYING BASIS FOR LIABILITY & CAUSATON
- 6. IDENTIFY IF THERE IS A STANDARD OR CODES THAT APPLY UNIFORM BUILDING CODE LIFE RESIDENTIAL CODE ASTM 1637 MANUALS OR POLICIES WRITTEN BY DEFENDANT PRACTICES & PROCEDURES ADOPTED BY OTHER LANDOWNERS NEARBY
- 7. ARE THERE OBJECTIVE STANDARDS THAT DEFENDANTS DEVIATED FROM?
- 8. ARE THERE DEVIATIONS FROM ANY OBJECTIVE STANDARDS?
- 9. EXAMPLE: DID APARTMENT STAIRWAY VARIATIONS EXCEED 1. 3/8 VARIATION IN RISE 2. 3/8 VARIATION IN TREAD?
- 10. The IRC and residential portion of the 2009 IBC define Type II handrail as follows: Handrails with a perimeter greater than 6村 inches (160 mm) shall provide a graspable finger recess area on both sides of the profile. The minimum width of the handrail above the recess shall be 1村 inches (32 mm) to a maximum of 2他 inches (70 mm). Edges shall have a minimum radius of 0.01 inch (0.25 mm). RESIDENTIAL CODES
- 12. THOROUGHLY UNDERSTAND ASTM F 1637-95 WHICH SETS OBJECTIVE STANDARDS
- 13. EXAMPLE OF STANDARDS FOR RISE IN SIDEWALK
- 14. EXAMPLE OF STANDARDS FOR STAIRWAY CONSTRUCTION
- 15. EXAMPLE OF STANDARDS FOR DESIGN AND CONSTRUCTION OF SAFE SPEED BUMPS
- 16. IDENTIFY AND LOOK FOR COMPANY MANUALS OR POLICIES WHICH IDENTIFY SELF-IMPOSED STANDARDS 1. ARE THERE WRITTEN SAFETY PROCEDURES FOR ITS EMPLOYEES AND TENANTS? 2. ARE THERE COMPANY POLICIES ON HOW TO MAINTAIN AND INSPECT PREMISES?
- 17. DEVELOP THE CASE EARLY BEFORE YOU FILE THE LAWSUIT
- 18. RETAIN EXPERT WITH APPROPRIATE FIT OF EXPERTISE TO ISSUES
- 19. NOT ALL CASES WILL REQUIRE AN EXPERT
- 20. TIPS & SUGGESTIONS TO AVOID PITFALLS OF HANDLING PREMISE LIABILITY CASE
- 21. DEVELOP THE CASE EARLY BEFORE YOU FILE THE LAWSUIT
- 22. CONDUCT THOROUGH INTERVIEW WITH YOUR CLIENT ABOUT THE PARTICULAR FACTS OF THE CASE
- 23. OBTAIN ALL POLICE & PARAMEDIC NOTES
- 24. GET TO THE SCENE AS SOON AS POSSIBLE
- 25. PRESERVE THE EVIDENCE & CONDUCT MEASUREMENTS EARLY
- 26. CONDUCT THOROUGH TESTING EARLY ON DEFENDANTS PREMISE
- 27. KNOW THE COMMON DEFENSES OPEN & OBVIOUS IT WAS THERE TO BE SEEN LACK OF NOTICE WE DIDNT KNOW ABOUT THE PROBLEM LACK OF INJURY TO OTHERS NO ONE ELSE GOT HURT USING THE SIDEWALK NOT PAYING ATTENTION SHOULD HAVE WATCH WHERE YOURE GOING BAD SHOES AND UNEVEN BALANCE
- 28. UNDERSTAND HUMAN FACTORS ISSUES INVOLVED SUCH AS: CONE OF VISION & REACTION TIME
- 29. UNDERSTAND ROLE OF VISUAL DISTRACTIONS
- 30. STAIRS OF NEARBY APARTMENTSTAIRS OF DEFENDANTS APARTMENT COMPARE AND CONTRAST WHAT OTHERS DO
- 31. STAIRS WITH & WITHOUT CONTRAST
- 32. DEALING WITH LACK OF NOTICE DEFENSE
- 33. LOOK FOR EVIDENCE OF LACK OF INSPECTION & MAINTENANCE
- 34. LOOK FOR SWEEP LOGS
- 35. LOOK FOR EVIDENCE OF EVIDENCE OF OTHER SIMILAR INCIDENTS
- 36. DEALING WITH WE COMPLIED WITH CODE DEFENSE
- 37. STUDY AND UNDERSTAND THE APPLICABLE CODES
- 38. MAKE SURE YOU UNDERSTAND THAT CODES ARE JUST THE MINIMUM STANDARDS
- 39. RESEARCH THE RELEVANT INDUSTRY STANDARDS