Olympia Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

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

Michael Myers — Thu, 04 Oct 2007 15:33:42 GMT

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 despite signing a release of claims for "all bodily injuries and property damage arising out of participation," a woman could still sue for an accident that occurred in an all-terrain vehicle (ATV) training class.

In 2001 a woman sued the instructor of the ATV class, the owner of the property where the class was held and the creator the classes' curriculum after she accidentally drove her ATV off the course and hit a rock that was hidden behind some tall grass.

The decision, made by the Alaska Supreme Court, stated that "the release does not discuss or even mention liability for general negligence. Its opening sentences refers only the unavoidable and in inherent risks of ATV riding, and nothing in its ensuing language suggests an intent to release [the defendants] from liability for acts of negligence unrelated to those inherent risks."

There are two big points here: (1) releases are narrowly construed and (2) don't pre-judge your claim--if a claim might exist, speak with an attorney...don't pre-emptively dismiss your own case by saying, "I signed a release, I probably don't have a claim."

For more information on this subject, please refer to the section on Premises Liability / Slip & Fall.

Originally posted at InjuryBoard by Michael Myers

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

Chelsea Gilbert — Wed, 19 Sep 2007 08:00:23 GMT

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 requires.

The remaining $1 million will be split between her two attorneys.

The mentally-ill woman was raped by former employee of Eastern State Hospital, Guy M. Johnston, while she was a patient there. Johnston has since been convicted of the rape and is serving time in prison.

The conviction made challenging the victim's claims in court a potentially costly choice, said Jerry Cartwright.
"The risk of a large jury verdict against the state and the department is pretty apparent. The settlement and the amount, after all was said and done, seems to be a reasonable amount given what (the victim's) future care is going to be," he said.

Jim Stevenson, a spokesperson from the Department of Social and Health Services, the agency that runs the Eastern State Hospital, said "It was a regrettable incident...We don't want it to happen again, and we certainly hope we'll be able to prevent it from happening again."

However, when asked, Stevenson declined to say whether any of the hospital's policies had been changed or any new policies implemented as a result of the incident in question.

Worker Memorial Day Honors Those Who Died on the Job

Ryan Nute — Wed, 09 May 2007 08:47:48 GMT

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 workers' compensation benefits for an on-the-job injury, even when caused by the negligence of the employer or a co-worker. However, there are many situations where a worker is injured on the job by the negligence of a third-party other than the employer or a co-worker. In such a case the worker can sue in court and recover damages caused by the negligence.

$45 Million Claim Filed Against State by Abused Foster Children

Ryan Nute — Thu, 01 Feb 2007 08:50:48 GMT

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 the documents filed by the claimants includes a document showing a number of allegations against Mr. Fabregas which were left blank. Mr. Fabregas received a license even though he reported he had never been convicted of a crime and the state determined he had a history of drug abuse and criminal activity.

Tort Claims Against the State of Washington

Ryan Nute — Tue, 02 Jan 2007 19:01:57 GMT

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 and tort claims against the State must be presented to the Office of Risk Management. The claim forms must contain all of the information required by statute. The claimant must wait sixty days for the State to evaluate the claim before filing suit.

The rationale for the waiting period is so the State can evaluate the claim and decide whether to negotiate or pay it. In my experience, the State simply never responds. In practice, the claims filing is more often used by the State as a weapon to deny claims that are not properly filed.

The claim filing requirements contain a number of traps for the unwary. If in doubt, you should consult a lawyer about your negligence or tort claim against the State of Washington.

Originally posted at InjuryBoard by Ryan Nute

Bicycle Advocacy Group Challenges Ordinance Barring Repairs to Trail

Ryan Nute — Mon, 01 Jan 2007 17:46:13 GMT

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.

Trail improvement construction was scheduled to take place in 2007-2008. The ordinance and subsequent legal challenge will likely alter that schedule.

Local Dog Breed Bans at Issue

Ryan Nute — Mon, 01 Jan 2007 14:01:33 GMT

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 other assets to pay adequate damages to dog bite victims. These are issues which should be explored thoroughly in any serious dog bite injury case.

Dispute Over Trail Safety in Thurston County

Ryan Nute — Mon, 18 Dec 2006 10:01:39 GMT

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 speed or crowd pedestrians. Bicyclists respond that the gates present safety hazards of their own.

Trail users who are injured by another's negligence may well have claims against the wrongdoer's homeowner's insurance coverage. There may also be claims against the governmental entity responsible for designing or maintaining the trail if done so negligently.

Assault Injuries on the Rise

Staff Writer — Mon, 23 Oct 2006 10:51:42 GMT

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 reported the beating of a young Washington mother who was pulled from her car by teens and beaten as her 10 month old baby sat in the back seat. The victim was 23 years old and reportedly honked at a group of teens who were blocking the entrance of the apartment complex where her mother lived. Several of the teens pulled her from the car and beat her severely. She was later treated for multiple assault injuries at a local hospital.

Another headline out of Komo reports a road rage shooting by a carnival ride operator. The shooter pleaded "not guilty" in court. He is being charged with two counts of first-degree assault and two counts of drive-by shooting. Two victims received assault injuries in the shooting.

It's important to hold the perpetrators of these crimes accountable. If you've been seriously injured due to violence or an assault, please contact an attorney and inquire of your rights.

Originally posted at InjuryBoard by Staff Writer