premises liability claim (Washington) · Go Syfert
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premises liability claim in Washington

13 Washington opinions name it 2 courts 2007–2025 5 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Mucsi v. Graoch Associates Ltd. Partnership No. 12green
wash · 2001 · cited in 2 Washington opinions naming this issue, 2016–2021
2 sentences

2021See Mucsi, 144 Wn.2d at 859 (showing that a specific condition must exist even when “the unsafe condition was reasonably foreseeable” (emphasis added)); RESTATEMENT § 343 (“A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land . . . .” (emphasis added)).

2016To prevail on a premises liability claim against a landowner, the plaintiff must prove (1) the landowner had actual or constructive notice of the danger and (2) failed "to exercise sensible care in alleviating the situation." Mucsi, 144 Wn.2d at 859 ; Jwai, 129 Wn.2d at 96; Ingersoll v. DeBartolo.

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Ingersoll v. DeBartolo, Inc. green
wash · 1994
2 sentences

2016Inc., 123 Wn.2d 649, 652 , 869 P.2d 1014 (1994).

2016Inc., 123 Wn.2d 649, 652 , 869 P.2d 1014 (1994).

32007–2016
Tincani v. Inland Empire Zoological Society green
wash · 1994
2 sentences

2024To prevail on a premises liability claim, a plaintiff must prove “‘a proximate cause between the breach and the injury.’” Johnson v. Liquor & Cannabis Bd., 197 Wn.2d 605 , 611, 486 P.3d 125 (2021) (quoting Tincani v. Inland Empire Zoological Soc’y, 124 Wn.2d 121, 127-28 , 875 P.2d 621 (1994)).

2024To prevail on a premises liability claim, a plaintiff must prove “‘a proximate cause between the breach and the injury.’” Johnson v. Liquor & Cannabis Bd., 197 Wn.2d 605 , 611, 486 P.3d 125 (2021) (quoting Tincani v. Inland Empire Zoological Soc’y, 124 Wn.2d 121, 127-28 , 875 P.2d 621 (1994)).

22023–2024
Steven Oliver v. Henry W. Cook green
washctapp · 2016
2 sentences

2021Id. at 543-44 .

2019Id. at 545 .

22019–2021
Saralegui Blanco v. Gonzalez Sandoval neutral
wash · 2021
2 sentences

2025To support their argument, the Greenes relied on Saralegui Blanco v. Gonzalez Sandoval, 197 Wn.2d 553 , 485 P.3d 326 (2021), which held that to establish the existence of a duty in a premises liability claim, the plaintiff must show that the defendant possessed the property.

2025To support their argument, the Greenes relied on Saralegui Blanco v. Gonzalez Sandoval, 197 Wn.2d 553 , 485 P.3d 326 (2021), which held that to establish the existence of a duty in a premises liability claim, the plaintiff must show that the defendant possessed the property.

12025–2025
Kamla v. the Space Needle Corporation green
wash · 2002
1 sentence

2023It was undisputed that “Warren Wright was an invitee when he performed work at [Mobil]’s refinery” because “[e]mployees of independent contractors hired by landowners are invitees on the landowners’ premises.” CP at 2275 (jury instruction 24); Kamla v. Space Needle Corp., 147 Wn.2d 114, 125 , 52 P.3d 472 (2002).

12023–2023
Kamla v. Space Needle Corp. green
wash · 2002
1 sentence

2023It was undisputed that “Warren Wright was an invitee when he performed work at [Mobil]’s refinery” because “[e]mployees of independent contractors hired by landowners are invitees on the landowners’ premises.” CP at 2275 (jury instruction 24); Kamla v. Space Needle Corp., 147 Wn.2d 114, 125 , 52 P.3d 472 (2002).

12023–2023
Degel v. Majestic Mobile Manor, Inc. green
wash · 1996
1 sentence

2018There simply is no basis for imposing on Parker a duty to warn his guests about dangers existing on nearby properties.3 Degel did not impose liability on the landowner due to the existence of the dangerous creek at the end of the mobile home park’s property.4 Because the trial court had acted on the basis of the “inherent dangers” of a body of water, the Supreme Court addressed that issue to explain why it was not part of a premises liability analysis. 129 Wn.2d at 50-53 .

12018–2018
Afoa v. Port of Seattle green
wash · 2013
1 sentence

2018Afoa v. Port of Seattle, 94525-0 (Stephens, J., dissenting) A. The Port Owes a Comlnon Law Nondelegable Duty To Maz'nlaz`n Safe Common Work Areas Afoa l recognizes that “[u]nder our common law safe workplace doctrine, landowners and general contractors that retain control over a work site have a duty to maintain safe common work areas.” 176 Wn.2d at 475 .

12018–2018
Bennett v. Seattle Mental Health green
washctapp · 2009
1 sentence

2018Such an outcome would be contrary to the policy underlying chapter 7.70 RCW, which this court has observed was originally adopted in response to the escalating cost of medical malpractice insurance and the corresponding rise in health care costs, Bennett v. Seattle Mental Health, 150 Wn.

12018–2018
Schmidt v. Coogan green
wash · 2007
1 sentence

2014In Schmidt, the supreme court briefly considered whether Schmidt failed to prove all of the elements of an underlying premises liability claim for a legal malpractice action.19 The court concluded that there was sufficient evidence to show "[wjhether a defective condition existed long enough so that it should have reasonably been discovered."20 The evidence showed "that the spill was visible to employees from the cash registers and that during the time [Schmidt] was at the checkout stand, none of the store employees made any effort to clean it up."21 "In addition, there was evidence that prece

12014–2014
Brant v. Market Basket Stores, Inc. green
wash · 1967
2 sentences

2007Ingersoll v. DeBartolo, Inc., 123 Wash.2d 649, 652 , 869 P.2d 1014 (1994) (citing Brant v. Market Basket Stores, Inc., 72 Wash.2d 446, 451-52 , 433 P.2d 863 (1967)).

2007Ingersoll v. DeBartolo, Inc., 123 Wash.2d 649, 652 , 869 P.2d 1014 (1994) (citing Brant v. Market Basket Stores, Inc., 72 Wash.2d 446, 451-52 , 433 P.2d 863 (1967)).

12007–2007

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 392 (1993–2026) MI 148 (1993–2026) CA 73 (1992–2026) GA 57 (1995–2026) MS 34 (1996–2026) IL 33 (1989–2026) TN 32 (1992–2026) IN 24 (1982–2025) NY 17 (2003–2026) MO 14 (2004–2024) WA 13 (2007–2025) OH 9 (1999–2026) IA 9 (1999–2024) KY 8 (2000–2025) FL 7 (1995–2022) NC 6 (2004–2016) OK 6 (1999–2014) AL 5 (1997–2016) CO 5 (2002–2016) RI 5 (2000–2021) NJ 5 (2004–2026) MA 5 (1995–2018) ID 4 (2015–2020) NE 4 (2020–2024) ME 4 (2015–2019) MD 4 (2011–2023) KS 3 (1982–1994) VT 3 (2017–2024) LA 3 (2004–2023) NM 3 (1997–2023) UT 3 (2012–2025) AZ 2 (2014–2017) MT 2 (2013–2021) ND 2 (2018–2024) NV 2 (2025–2026) OR 2 (1998–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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