Dog Bite at Work
When someone is injured by a coworker while on the job, the injured party is generally limited to benefits under workers' compensation and both employers and co-workers are immune from liability. There are exceptions. An injured worker can sue a co-worker if the coworker is “not in the same employ.” Under case law coworkers are […]
Continue readingPremises Liability is Harder Than it Looks
Many assume if they are injured on another person’s property, the owner and/or the owner’s insurance is responsible for their injuries. In reality, premises liability is very tough. A recent Court of Appeals case illustrates how challenging a premises liability claim can be for someone claiming injury.[1] A woman asked two relatives to tear down […]
Continue readingAre Landlords Responsible for a Tenant’s Dog?
If a tenant's guest is injured by the tenant's dog, is the landlord responsible? Will the landlord's insurance pay for the injury? Maybe. Maybe not. A common misperception is that if you are injured on someone else's property, they and/or their insurance are responsible to pay for your injury. But, it is not so simple […]
Continue readingMedical Malpractice Statute of Limitations When Doctor Allegedly Hides Claim
Generally, the statute of limitations is three years for medical malpractice claims or one year from the time the claimant discovered or reasonably should have discovered the injury. In a recent Court of Appeals ruling (not one of our cases) the patient had foot surgery on February 24, 2016. The patient had a series of […]
Continue readingClaims Against a Public Employee Require Additional Notice
The Court of Appeals recently ruled on the application of pre-suit notice statutes to public employees.[1] Our firm was not involved in this case. A public employee allegedly caused an injury accident while acting within the scope of a public agency’s employment and driving an agency-owned vehicle. The injured party filed suit against the driver and […]
Continue readingWhose manhole is it?
Who is responsible for a manhole in a planting strip? The city, the building owner, or the business? Or, all three?
Continue readingBaby Bath Seats and Walkers Unsafe
Both baby bath seats and baby walkers are widely criticized as unsafe, and even banned in some countries. The Consumers Union has recommended the federal government ban baby bath seats due to risk of serious injury or death from drowning.[1] The American Academy of Pediatrics and the National Association for Children’s Hospitals and Related […]
Continue readingBicyclist Ruled a Pedestrian for Purposes of Insurance
A bicyclist was seriously injured in Seattle when a car door opened right in front of him. His insurance company denied medical coverage because he was not a pedestrian when injured, and the policy language covered him if injured as a pedestrian. The bicyclist sued his insurance company. The trial court ruled in favor of […]
Continue readingCars Driven by Minors
Teens frequently cause auto accidents and other types of accidents, sometimes resulting in injury. Special legal rules sometimes apply to accidents involving minors.
Continue readingWashington Logging Safety Initiatives
Logging is a hazardous occupation, with a very high rate of injury and fatalities. The Washington Department of Labor and Industries in recent years has developed safety initiatives in response to the risks of logging and high worker’s compensation premiums. Employers engaging in manual logging can reduce their workers’ compensation insurance rates by twenty percent […]
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