Wood Smith Henning & Berman is happy to announce a significant defense victory in King County Superior Court led by partner Jackie Jensen Erler. The court granted summary judgment in favor of WSHB's employer client, dismissing a premises injury lawsuit brought by a former employee. The plaintiff alleged injuries from a fall, but the court found the employer owed no actionable duty to the plaintiff due to the location where the fall occurred.
The court ruled no duty existed under either of the Plaintiff's and co-Defendant's possible theories. If the injury occurred within the course and scope of employment, including while coming and going near a parking lot, the Washington Industrial Insurance Act would exclusively apply, providing workers' compensation as the sole remedy and granting the employer immunity from suit. Alternatively, if the Industrial Insurance Act did not apply because the injury occurred in an area outside an area controlled by the employer, no duty of care was owed to ensure premises safety because the employer had no ability or duty to control the area. Under either scenario, the court concluded the employer-employee relationship did not impose a legal duty.
"Our team worked diligently to demonstrate that long-standing Washington law does not impose a tort duty on employers where the Industrial Insurance Act is intended to apply, nor where the employer lacks control over the premises," commented Erler. "The court's ruling reaffirms these key protections for employers."
Seattle Managing Partner Tim Repass added, "Our team is proud to deliver this result for the client and to successfully clarify the limits of employer liability in employee injury cases, particularly when navigating the intersection of workers' compensation and premises liability law."
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