Seattle Slip and Fall Attorneys

Do I Have a Slip and Fall Case in Washington State?

Slip and fall cases fall under premises liability laws, which require property owners and managers to maintain reasonably safe properties. Not all slips and falls are caused by negligence, even if they result in serious injuries. To successfully prove a slip and fall claim and recover compensation, you need to be able to prove that the business or government agency’s negligence directly led to your slip and fall. In practice, this requires proving several key elements.

First, you must show that the property owner or manager owed you a duty of care. Property owners and managers generally owe a “duty of care” to invitees and licensees. Invitees refer to anyone who enters a business’s property with permission. Customers and patrons are typically considered invitees, for example. Licensees are also visitors who have the owner’s permission to be on the property, but they are present for some sort of purpose that benefits them. Social guests, delivery drivers, and plumbers are all examples of licensees.

In other words, if you had explicit or implicit permission to be on someone else’s property, you are likely considered an invitee or licensee and are, therefore, owed a duty of care. Property owners and managers do not owe the same duty of care to trespassers. There are some exceptions under premises liability law for child trespassers if a property contains an “attractive nuisance,” such as a swimming pool. 

The second element is demonstrating that a dangerous condition existed on the property. This condition must pose an unreasonable risk to individuals lawfully present on the premises. Note that Washington law does not typically hold property owners or managers liable for injuries caused by “known” or “obvious” dangerous conditions.

Examples of dangerous conditions include:

Third, you must establish that the property owner or manager knew or reasonably should have known about the dangerous condition but failed to adequately address it. You can show that the property owner or manager should have known about the danger if you can demonstrate that the hazard existed long enough that a reasonable property owner should have discovered and corrected it through regular inspections or maintenance. 

Under the law, the property owner is expected to take prompt steps to mitigate the risk of harm once they are aware of a dangerous condition. This might involve cleaning up a spill, repairing a broken surface, or placing clear warning signage. 

Finally, you must show that the dangerous condition that the property owner or manager failed to address directly led to your injuries. These damages may include medical expenses, lost wages, pain and suffering, or other related costs.

Note that your case could be weakened if the property owner or manager can demonstrate you were not exercising reasonable caution when navigating their premises. This may involve texting while walking, running in a crowded space, or wearing improper footwear for the property’s conditions.

You don’t have to prove a slip and fall claim on your own. Our Seattle slip and fall attorneys can evaluate what happened and advise whether you have a strong case. We can gather and preserve important evidence, communicate with the insurance companies on your behalf, and get to work on building a compelling claim.