In a Washington State premises liability claim, it does not just matter what happened, but why the victim was on the property at the time the incident occurred. Like many other states, Washington determines a defendant’s duty of care in these cases based on whether the plaintiff was an invitee, licensee or trespasser.

The three categories of visitors to another’s premises are distinguished in the following ways:

  • Invitee — Businesses, such as stores and restaurants, that invite members of the public onto their property owe the highest duty of care under state law. These property owners and managers are required to conduct regular inspections to identify hazards that might cause an invitee to get hurt. Should a danger exist, the business must take reasonable measures to remedy the problem or mark it clearly enough so that customers are sufficiently warned to keep clear of the hazard. 

  • Licensee — While a licensee has the owner’s permission to be on the property, they are not providing any potential business benefit to them. When someone hosts a friend at their home, that guest is a licensee. Another type of licensee is a utility worker who is on private premises in order to make a repair. A property owner owes a duty of care to social visitors, repair people and other licensees, but at a lower level than the responsibility a businesses has to its customers. Though they are not required to make inspections, owners must warn licensees about known dangerous conditions.

  • Trespasser — Generally, a trespasser is not entitled to collect damages in a premises liability lawsuit. Though no duty of care is usually owed to someone not allowed on the property, there are certain instances where liability exists. A property owner cannot set up a booby trap to harm an individual who is unlawfully on their property. There are also cases of “attractive nuisances,” where someone might be aware that children frequently enter their premises to swim in their unfenced pool or play in an area that is enticing to young people. In these instances, the owner may be liable if a child trespasses and gets injured.

If you’ve been injured due to unsafe conditions on someone else's property, GSJones Law Group, P.S. in Port Orchard will advise you of the relevant duty of care and pursue appropriate compensation through a verdict or settlement. Our experienced Washington attorneys serve Kitsap, Mason and Jefferson counties, as well as Vashon Island. For a consultation, please call 360-876-9221 or contact us online.