Posts by Daniel Swinford

sexual harassment or abuse by an employee

Sexual Harassment or Abuse in Places of Public Accommodation

November 12th, 2019 Posted by Abuse, Sexual Harassment 0 comments on “Sexual Harassment or Abuse in Places of Public Accommodation”

In January 2019, the Washington Supreme Court affirmed Floeting v. Group Health Cooperative, a 2017 decision finding that the Washington Law Against Discrimination (WLAD) provides protection against sexual harassment or abuse in places of public accommodation. 

What is WLAD (Washington Law Against Discrimination)?

Simply put, an employer can be held directly liable when one of its employees or agents sexually harasses a customer, student, or patient. Previously, victims seeking to hold an employer liable would need to prove facts showing they negligently hired, supervised, or trained the employee; the employee’s past conduct made the misconduct foreseeable; the misconduct occurred while the employee was performing work duties; or the employer participated in the misconduct. The WLAD allows victims to bypass these all-too-often insurmountable hurdles. 

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Understanding Elevator Injury Cases In Washington State

May 17th, 2019 Posted by Personal Injury 0 comments on “Understanding Elevator Injury Cases In Washington State”

Elevator Maintenance and Safety Precautions

As an elevator passenger, your only concern should be with getting where we need to go floor wise. Typically, you do not assess whether or not the mechanics of an elevator are in prime working condition. Too often they are not and this can lead to a life-changing elevator injury that occurs in an instant.  

An elevator that is misleveled or has unsafe components, such as old or faulty parts, is very often found to be the source of elevator accidents resulting in an injury. If an elevator cab sits even a fraction of an inch above or below the floor, passengers getting in and out of the elevator are at risk of tripping and falling.

There are a number of very precise movements and parts that need to be tested and calibrated regularly for the safe transport of people in elevators. Perhaps the most terrifying is a fatal accident that can occur from a lack of proper maintenance that results in a cab drop where an elevator falls uncontrollably from a tall distance.

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When is a lawsuit necessary after a car accident?

When Is A Lawsuit Necessary After A Car Accident?

September 27th, 2018 Posted by Auto Accidents, Personal Injury 0 comments on “When Is A Lawsuit Necessary After A Car Accident?”

Is A Lawsuit Really Necessary After A Car Accident?

Whether you need to file a lawsuit for your car accident claim usually depends on whether the insurance company makes an acceptable offer in pre-lawsuit negotiations. Many factors determine what an insurance company offers, and this discussion outlines the most common reasons your attorney may recommend filing a lawsuit.

Sending A Demand To The Insurance Companies

In most cases, before filing a lawsuit your attorney will attempt to negotiate a settlement through either the at-fault party’s insurance company, your insurance company or both. Your attorney will send a demand to the appropriate insurance company (or companies) and ask for an amount of money that covers your pain and suffering, medical bills, wage loss, and any other damages you sustained.

However, if the insurance company refuses to offer an amount that fairly compensates you, you may need to file a lawsuit.

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