How is fault determined in a premises liability case?

In order to determine fault in a Washington premises liability case, a court must consider several elements. These elements can vary from case to case, but they typically include whether the landowner knew or should have known about the hazardous condition, whether the landowner took reasonable measures to address the hazard, and whether the injured person was careful while on the premises. In order to prove negligence on the part of the landowner, the injured person must show that the landowner had actual knowledge of the hazardous condition; or else that the condition existed for a long enough time period that it should have been known to the landowner. The plaintiff must also show that the landowner either failed to address the hazardous condition, or did so in an unreasonable manner. Additionally, the plaintiff must demonstrate that they were careful and that they did not contribute to the cause of the accident. Also, Washington is a comparative fault state, meaning that the court can assign a percentage of the fault to each party, based on the evidence presented. This allocation of fault is then used to determine how much of the damages should be paid by each party. If the landowner is found to be at fault for the accident, they will be held liable for any losses that result from the accident. These losses can include medical bills, lost wages, and pain and suffering. However, if the court finds that the injured person was partly at fault, their degree of fault may be used to reduce any awards they may receive.

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How is fault determined in a premises liability case?

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