A slip, trip, or fall can cause serious injuries, from broken bones to head trauma. In Washington, recovering for a fall requires showing that a property owner failed to keep the premises reasonably safe — a concept called premises liability.
The Duty of Care
Property owners owe a duty to keep their premises reasonably safe for lawful visitors. The exact duty depends on the visitor's status — invitee, licensee, or trespasser — with the highest duty owed to invitees like customers.
Wet floors, uneven surfaces, poor lighting, and unmarked hazards are common sources of fall claims.
Proving Notice
A key issue is whether the owner knew or should have known of the hazard and failed to fix it or warn about it. Evidence that a spill sat for an hour, or that a hazard recurred, helps establish notice.
Surveillance footage, maintenance logs, and incident reports are valuable proof.
Comparative Fault in Falls
Insurers often argue the victim was not watching where they walked. Washington's pure comparative negligence rule means you can still recover even if partly at fault.
If you were hurt in a fall in Washington, a free case review can help evaluate the property owner's responsibility.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Washington attorney.