What Happens if I Get Injured at the Seattle Winterfest?

The Seattle Center is a 74-acre urban cultural district in Seattle, Washington, home to numerous museums, theaters, festivals, and events. The Seattle Winterfest is a free annual event that runs from late November to early January.  This event offers many attractions, including the Winter Train & Village, a Christmas market, and ice sculpting demonstrations. As enjoyable as the event can be, injuries are not uncommon.

Premises Liability

Premises liability is the liability that the owner or operator of real property faces. Liability arises from dangerous conditions on the premises, typically due to negligence.

Duty of Care

The Seattle Center is a public entity that invites guests to come and spend time there.  As a public entity inviting guests to visit, the Seattle Center’s duty of care requires it to

• Inspect the premises for any hazards
• Repair or eliminate any known hazards
• Warn guests about any known hazards that cannot be eliminated

Failure to take these steps will subject the owner or operator to personal injury liability if a guest suffers an injury.  

Breach of Duty

“Breach of duty” simply means the Seattle Center failed to comply with its duty of care. It might have done something it shouldn’t have done or failed to do something it should have done.  Following is a list of some likely breaches of duty that could lead to Winterfest injuries:

• Failure to promptly clear ice and snow from sidewalks, resulting in slip and fall accidents 
• Insecurely fastening a hanging decoration that falls and injures a guest
• Failure to adequately control crowds, resulting in pedestrian accidents
• Improper maintenance of amusement rides and attractions via lack of inspection, ignoring safety protocols, or faulty equipment
• Negligent security, leading to assaults.
• Spills or obstacles near food vendors which can cause slip and fall accidents 
• Failure to provide adequate warnings
• Dangerous conditions in temporary structures, such as tents and stages.

While these are just a few examples, any failure by the Seattle Center to address known hazards could lead to an injury, and a breach of duty would be considered negligence. However, proving negligence requires more than showing that a hazard existed; there are additional legal elements to consider.

Causation

Washington state law recognizes two forms of causation – actual cause and proximate cause. Actual cause means that you would not have been injured if there had been no negligence. Proximate cause means that, given the fact of negligence, your injuries were foreseeable. The proximate cause requirement prevents victims from collecting compensation for freak accidents. Both actual and proximate causes must be shown to satisfy this element.

Damages

Damages may include medical bills, lost wages, pain and suffering, and emotional distress. You may be able to recover compensation for these losses under a personal injury claim.

Suing the Government

Because the Seattle Center is a government-operated venue, suing it is different from suing a private business. In Washington, if you want to file a lawsuit against a government entity, you must first submit a Notice of Claim to the Seattle City Clerk within 60 days of the injury. This notice should explain what happened and why you’re seeking compensation. Missing this deadline means you can no longer pursue legal action. 

Washington’s Tort Claims Act limits how much you can recover: $500,000 per individual and $1 million for each event, no matter how many people are affected. Additionally, government entities have certain legal protections, so not all claims are eligible for a lawsuit, and you cannot recover punitive damages.  If the city rejects your claim, you can still go to court, but the damage caps remain in place. Because the process involves strict rules and limitations, it’s important to seek legal advice to make sure you follow all the necessary steps.

Why File a Lawsuit If You Still Hope to Settle?

You might need to file a lawsuit against the Seattle Center or a responsible third party for the following reasons:

• To beat the Washington statute of limitations deadline to file a lawsuit (typically three years after an accident)
• To motivate the defendant to settle quickly
• To start the pretrial discovery process

Even if your case goes to trial, you can still settle while it is being deliberated in court.

Popular Affirmative Defenses

Following are some examples of defenses that the Seattle Center might try to use against you:

• Assumption of risk
• Waiver of liability
• Comparative fault
• Third-party liability

The defendant must prove their own affirmative defense by a preponderance of the evidence.

Contact an Experienced Seattle Personal Injury Attorney For Help With Your Claim

If you’ve been injured in Seattle, WA, and need legal assistance, contact Davis Law Group Car Accident and Personal Injury Lawyers. Contact our legal team and schedule a free consultation with a personal injury lawyer today. We proudly serve King County in Washington and it’s surrounding areas. Visit our law office at:

Davis Law Group Car Accident and Personal Injury Lawyers
2101 4th Ave 1030 Seattle, WA 98121
(206) 727 4000
Hours: Open 24/7