Many people think that a landowner is responsible for injuries that occur upon his or her property. Landowners are often liable, but Washington premises liability attorneys know that it is the possessor of the land who generally has responsibility for the condition of the premises. This means that a tenant,…
When Washington car accident victims apply for no-fault benefits from their own insurer, they may not consider that the information contained in the application could affect their claim against the at-fault driver. In a recent case, however, the information in the application played a significant role at trial. This case…
Under Washington child custody law, there is a rebuttable presumption in favor of granting a parent’s request for relocation. To deny a relocation, the trial court must find that its detrimental effect would outweigh the benefits to the child and the parent seeking relocation. RCW 26.09.520 sets forth 11 factors…
The Washington Constitution, like the Fourth Amendment to the U.S. Constitution, protects individuals against unlawful searches and seizures. Evidence obtained through an unlawful search or seizure may be excluded. Washington drug crime attorneys know that whether evidence is excluded often turns on whether the encounter between the defendant and law…
Many people think “domestic violence” is limited to people who are or have previously been married or in a romantic relationship. Under Washington law, however, domestic violence is defined to include incidents between family or household members. Sometimes, whether a Washington domestic violence protection order can properly be issued turns…
The duty of care a landowner owes to a person on his or her property depends on the person’s status as either an invitee, a licensee, or a trespasser. The highest standard of care is owed to an invitee. A business invitee is a person invited to come onto or…
In Washington, a person may be convicted of possession of a controlled substance if he or she has actual or constructive possession of the substance. A person has actual possession if he or she has physical custody of the substance. A person has constructive possession if he or she has…
Courts sometimes make mistakes in parenting plans. A court’s ability to modify a parenting plan is limited, but its ability to clarify an existing plan is broader. Washington child custody attorneys know that whether an order changing a parenting plan is considered a modification or a clarification may be the…
Some evidence, though relevant, may be unfairly prejudicial. A court must balance the probative value of evidence against the risk of unfair prejudice. If the risk of unfair prejudice substantially outweighs its probative value, the evidence must be excluded. Washington domestic violence attorneys know that some facts about an alleged…
A person has a fundamental right to parent his or her own natural children. When a court places a sentencing condition on a person that limits those fundamental rights, it must consider whether there are reasonable alternatives that will further the state’s interest. If there are no reasonable alternatives, the…