Property Owner's Liability (Slip & Fall)

• Releases are Narrowly Construed--Health Clubs and Recreational Equipment Providers Exposed to Liability

  Michael Myers | October 04, 2007 3:33 PM | 0 CommentsOlympia, WA

  Gyms are notorious for making their members sign "releases". So are sports leagues and places that rent recreational equipment. But these releases don't provide immunity for all injuries. In fact, they only provide immunity for injuries incurred under a narrow set of circumstances. This point was illustrated by the Alaska Supreme Court in the case of Moore v. Hartley Motors. It held that...

• State Pays $2.5 Million for Rape of Mentally-Ill Woman

  Chelsea Gilbert | September 19, 2007 8:00 AM | 0 CommentsOlympia, WA

  A $2.5 million dollar settlement was reached on Tuesday to settle the claims of a mentally-ill woman who was raped while she was a patient at Eastern State Hospital in 2004.$1.5 million of that settlement will go towards the victim's future care, an amount declared "reasonable" by Jerry Cartwright, the assistant attorney general who represented the state, considering the amount of care the woman...

• 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...

• $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...

• 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....

• Local Dog Breed Bans at Issue

  Ryan Nute | January 01, 2007 2:01 PM | 0 CommentsOlympia, WA

  Pit bulls and Rottweilers are the targets of proposed ordinances in two towns. Should they be defined as "potentially dangerous" or banned outright?The Richland council rejected a proposed ordinance while the Royal City council approved a ban on pit bulls and Rottweilers.As one might expect, the issue was hotly debated. Unfortunately many owners of dangerous dogs lack insurance coverage or...

• Dispute Over Trail Safety in Thurston County

  Ryan Nute | December 18, 2006 10:01 AM | 0 CommentsOlympia, WA

  Recreational trails are a valuable public resource. But as a dispute in Thurston County demonstrates, there is often room for disagreement about trail use and safety issues.The Capital Bicycle Club wants to use posts rather than gates at highway intersections along Thurston County's Chehalis Western and Yelm Tenino recreation trails. Officials are concerned that posts would cause bicyclists to...

• Assault Injuries on the Rise

  Staff Writer | October 23, 2006 10:51 AM | 0 CommentsOlympia, WA

  The Seattle Police Department and other Washington law enforcement offices have recently reported a rise in crime and assaults. One only need to scan the headlines to discover the many disturbing reports of violence and assault that plague the news. The incident described below is a horrifying thought for anyone, much less a young mother with an infant child.On September 30 an AP newswire...