Washington Premises Liability Lawyer

What do Washington property owners owe the people who visit?

They owe reasonable care to keep the property safe, but how much care depends on the visitor's status. Washington uses the categories of invitee, licensee and trespasser.

• Invitees, such as shoppers, restaurant guests and hotel guests, are owed reasonable inspection, repair and warnings about dangers the owner knows or should discover.
• Licensees, such as social guests, are generally owed warnings about known dangers they are unlikely to discover.
• Trespassers are owed much less, though owners cannot willfully injure them, and special rules can protect children.

Landlords may be responsible for common areas they control, such as stairways, hallways, parking lots and walkways.

How does Washington rain shape slip and fall claims?

Rain does not automatically make an owner liable, but owners who know rain is constant must plan for it. In western Washington, that means wet entryways, slick tile floors and mossy outdoor steps are predictable hazards.

Questions that often decide these cases include:

• Were absorbent mats placed and replaced when soaked?
• Were warning signs used at entrances and in high-traffic areas?
• How often were floors inspected and cleaned on rainy days?
• Did a leaky roof, gutter or drain create a recurring puddle?

East of the Cascades, snow and ice become the bigger risk. Owners must take reasonable steps to clear walkways and treat ice within a reasonable time.

How does shared fault affect a Washington fall claim?

Under pure comparative fault, a visitor's share of fault reduces the award but never eliminates it. That matters because owners often argue that the visitor should have watched their step.

Consider this example. A shopper slips on rainwater pooled inside a Tacoma store entrance with no mat and no sign. The shopper's damages total $90,000. The store argues the shopper was looking at a phone.

• If a jury finds the shopper 30% at fault, the recovery is $63,000.
• If the jury finds the shopper 60% at fault, the recovery is still $36,000.

Because the claim survives either way, evidence of how long the water was there and how the store handled rainy-day safety becomes the main battleground.

When is a Washington business liable for an assault on its property?

In some situations. Businesses generally are not insurers against crime, but they may be responsible when an assault was foreseeable and reasonable security measures were missing.

Hotels, bars, apartment complexes and parking garages may face negligent security claims when there were prior similar incidents, broken locks or lights, or understaffed security. Claims involving casinos on tribal land are different, because tribal sovereignty and tribal claim procedures may apply. These cases need careful early review.

Can you sue after getting hurt on a trail or recreational land in Washington?

Sometimes, but Washington's recreational use law limits liability for landowners who allow the public to use their land for outdoor recreation without charging a fee. The law covers activities such as hiking, biking and fishing.

There is an important exception. A landowner can still be liable for injuries caused by a known, dangerous, artificial and latent condition that the owner did not post warning signs about. If a fee was charged, the immunity may not apply. These cases depend heavily on the facts, so documentation of the condition and any signs is important.

What should you do after a fall in Washington?

Report the fall, document the hazard and get medical care. Evidence like video and spills can disappear fast.

1. Report the fall to a manager or landlord and ask for a copy of the incident report.
2. Photograph the hazard, the surrounding area and your shoes.
3. Get names of witnesses and employees who helped you.
4. See a doctor promptly and keep records.
5. Ask the business to preserve surveillance video.

If the fall happened on a city sidewalk, a public building or a state facility, Washington requires a standard tort claim form and a 60-day waiting period before you can sue. Our government and public property injury claims page explains that process, and our premises liability page covers how we review falls and unsafe property. For dog attacks, see dog bites and animal attacks. For the full set of Washington rules, start at our Washington injury law hub. We offer a free case review, and there is no fee unless we win.