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Posts Tagged ‘liability’

Preventing Personal Injuries this Holiday Season

Posted on: December 17th, 2020 by Timothy Hendershot
Careful! Do everything you can to prevent personal injuries, especially in the holiday season.

Careful! Do everything you can to prevent personal injuries, especially in the holiday season.

During this holiday season, whether you are traveling or staying home, it is really important to think about ways to keep you and your family safe and avoid personal injury accidents. There are many dangers that can suddenly happen, from car accidents and home fires to falling off ladders. Safety should be the number one consideration this holiday season, allowing everyone to be stress-free and safe, whatever we are doing.

Below we have listed some of the preventable personal injuries that very often occur during the winter months.

Dangers of Christmas Trees

Many of us have wonderful memories of gathering around the Christmas tree drinking hot cocoa and reading Christmas stories. Buying a live tree from one of the Christmas tree lots in the area can be a great way to spend time with the family, and also a wonderful way to start a family tradition.

Keep in mind that if you drape a Christmas tree that is too dry with lights and flammable ornaments, you may have inadvertently brought a potential fire hazard into your home. Always keep your tree watered to avoid the possibility of a house fire.

An alternative is an artificial tree which doesn’t have organic matter to burn, but the lights can become very hot and ignite ornaments on the tree. A recommendation from most experts, is to unplug the Christmas tree at night or use a timer, which will not only prevent the bulbs from getting too hot but will also save electricity. Another solution is to use LED lights which do not give off as much heat.

Outdoor Accidents

Hanging outdoor Christmas lights can be dangerous and so can removing them again. You should always think safety when putting up lights and try to avoid dry trees and branches. Make sure you have someone with you to spot any potential dangers and to help you with the tall ladders needed for decorating your roof. Falling from a ladder can be quite painful and you could injure yourself.

When it comes time to remove the lights from the house remember to unplug them. Avoid injury by being careful and taking the necessary precautions. And remember to be extra careful if there is snow or ice around so as to avoid injury.

Reckless Driving

During the holiday season which is one of the busiest times on the road, many families drive to visit friends, family and loved ones. Unfortunately it is also a time for unnecessary reckless driving, so be sure to take every precaution while driving because devastating accidents can happen very suddenly. Be sure that you and everyone travelling in the car with you have their seat belts on, including small children. Stay off your phone while driving or use hands-free technology.

If, due to the carelessness of others, you have suffered an injury this holiday season, contact the personal injury lawyers at Cunane Law. We have the necessary experience to represent you and will fight to win you the compensation you deserve.

 Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

Planning a Holiday Party? Know the Law

Posted on: December 8th, 2020 by Timothy Hendershot
The holidays mean parties! But parties can mean problems. What does the law say about personal liability?

The holidays mean parties! But parties can mean problems. What does the law say about personal liability?

Let’s get real! We know people enjoy parties and love to host them. Of course consuming alcohol at parties does happen, and this is a cause for concern, particularly when partygoers take it too far and find themselves somewhat inebriated. If you are considering hosting a party this holiday season, we want you to be better informed of the laws in place in Washington.

Laws on Hosting a Party in Washington

In Washington there are three groups of alcohol providers. Private-party hosts, referred to as “social hosts”, licensed alcohol vendors, known as dram shops (bars, saloons, public houses, beer gardens, etc.) and “quasi-commercial hosts” who do not sell alcohol, but furnish it to their guests in the interest of business.

A dram shop or quasi-commercial host can find themselves facing potential liability if they serve a minor. If a dram shop or quasi-commercial host sold or provided alcohol to an adult who is obviously intoxicated at the time, that alcohol provider could be sued. This generally does not apply with a purely social host.

The host of a private party will generally only face liability if a person under the age of 21 years old is served alcohol at that host’s private party, and that minor person becomes injured as a result of his or her inebriation. This is because RCW 66.44.270 makes it “unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit person under that age to consume liquor on his premises or on any premises under his or her control.”

To summarize: In Washington a private social host would generally not be open to liability for supplying alcohol to adult persons, but they could face liability for providing alcohol to minors.

Most often a quasi-commercial host circumstance arises when a business hosts a party, or there is a business reason for the party. This scenario could also apply if a social host charges money at a party door to cover the cost of the alcohol being served. If this is the case the social host will no longer be protected by the Washington social host rule and could be found liable for their negligent acts.

We all want to have a little fun when the holidays roll around. But have fun responsibly and stay safe and healthy. If you’ve been injured in any way, and you feel someone else may be responsible, please contact us in our Edmonds office today. We want to make sure you are taken care of and justice is served.

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

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