How does the court determine liability in a slip and fall case?

When a person slips and falls in Washington, and the court is determining liability, there are a few important considerations. The court must first assess whether the property owner had knowledge or should have had knowledge of the dangerous condition that caused the fall. If it is determined that the property owner should have known about the hazard, then the property owner may be held liable for the resulting injuries. The court will also look at the comparative negligence of the plaintiff, or the person who has suffered the injury. Comparative negligence looks at the fault of both the property owner and the injured party. In Washington, the law states that a plaintiff can only recover damages if they are found to be less than 50% negligent. If they are deemed to be 50% or more negligent, they will not be able to recover any damages. The court will also need to assess the foreseeability of the accident. This means that the court must examine whether the property owner could have reasonably anticipated the accident and taken steps to prevent it. If the property owner could have reasonably anticipated the accident, then the court could find them liable. Finally, the court may review the reasonable safety standards that the property owner was expected to meet. The court must determine if the property owner had taken reasonable precautions to keep the property safe, such as conducting regular inspections, maintaining cleanliness, and timely repair of broken surfaces. If the property owner had not met reasonable safety standards, then they may be held liable for the accident.

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