Just in case you take a bad fall this winter… I think you ought to know what your rights are. I reviewed some of the cases in Washington State, and this is what I came up with:
Since 1975, landowners have been required to "exercise reasonable care [toward invitees] to prevent the occurrence of defective or dangerous conditions" regardless of whether the dangerous condition was a "natural" accumulation. (See Washington case Geise v. Lee, 84 Wn.2d 866, 529 (1975)).
John Gerrity has disclosed that he has settled a wrongful death lawsuit with the city of Menlo Park and the city has agreed to pay him a $2.4 million settlement.
Gerrity’s wife, Deborah Johnson, was critically injured in a bicycle accident in July 2007 and she died several days later of a head injury.
According to a report on Mercury News, Johnson’s bicycle accident was due to the fact that Menlo Park Public Works Department had inadvertently left a flat black octagonal rubber disk they had used as a lane divider in the roadway. The orange post had become detached from the octagonal piece so Johnson did not see the disk and she hit it with her bicycle wheel, causing her to fall and strike her head.