Legal Question in Personal Injury in Washington

We're they liable?

I was walking into a place of business and walked into a plate glass window that appeared to be an open door. The glass (non-tempered) broke into me leg resulting in severe damage that required extensive surgery and approx 40 staples and stitches.

While I feel that I should assume some liability for being the one that walked into the window I can't help but think that the company should have taken steps to ensure that an accident like this wouldn't take place. For example, the pane of glass in question was

- directly opposite the front door

- no decals or signs to make the glass more ''visible''

These characteristics made the panel look like an open door.

- not tempered (if tempered the window most likely would not have broken at all)

I am not looking to get rich here, but I also don't think that I should be 100% responsible for my medical costs.


Asked on 6/05/03, 11:51 pm

1 Answer from Attorneys
Terry E. Thomson Sternberg Thomson Okrent & Scher, PLLC

Re: We're they liable?

The store owner may, in certain circumstances, be liable for creating a dangerous situation. I would hire a human factors expert to review the situation, and opine on the reasonableness of the design/construction/notice, etc.

I would reserve judgment at this time on the ultimate issue of liability, but find the facts and damages sufficient to justify further investigation.

Sincerely,

Terry Thomson

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Answered on 6/06/03, 1:27 pm


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