A slip and fall accident can happen anywhere. A wet floor at a grocery store. A broken step at an apartment building. An icy sidewalk outside a restaurant. One moment you’re going about your day, and the next you’re on the ground with a serious injury.
These accidents are more common than most people think, and they can cause real harm. OSHA reports that around 87% of fall injuries in the United States result in fatal or serious spinal cord injuries. If you’ve been hurt in a slip and fall in Bellevue, you may be wondering who is legally responsible and whether you can get compensated for what happened.
Washington State has specific laws that govern these situations. Understanding those laws can make a big difference in whether you get the money you deserve.
What Is a Slip and Fall Accident?
The term “slip and fall” is used in the law to describe an accident where someone falls while on another person’s property. If the fall happened because the property owner was careless or failed to fix a known hazard, the case falls under what’s called premises liability.
Premises liability is the legal idea that property owners are responsible for keeping their property safe for people who are allowed to be there. That includes customers at a business, guests at a home, visitors at a public park, and more. When an owner fails to do that and someone gets hurt, the injured person may have a legal claim.
What Does Premises Liability Mean in Washington?
Washington law holds property owners and occupiers responsible for maintaining safe conditions on their property. This means they have a legal duty to regularly check for hazards and fix them in a reasonable amount of time. A business owner who mops up a spill and puts out a wet floor sign is doing their job. One who ignores a known hazard is not.
The level of responsibility a property owner has depends on who is visiting their property. Washington law breaks visitors into three groups:
- Invitees are people like store customers or restaurant guests who are invited onto the property for a business purpose. Property owners owe the highest duty of care to invitees.
- Licensees are people, like social guests, who are allowed on the property with the owner’s permission. They receive some protection, though slightly less than invitees.
- Trespassers are people on the property without permission. Property owners generally do not owe a duty of care to trespassers, with some exceptions for children who wander onto the property.
If you were legally on the property when you got hurt, whether at a store, a neighbor’s home, or a public space, you likely fall into one of the first two categories and may have a valid claim.
Who Is Liable for a Slip and Fall Accident in Bellevue?
Figuring out who is responsible is not always simple. The answer depends on who owned the property, who managed it, and what caused the hazardous condition. Here are a few examples that show how this can play out.
Scenario 1: A Retail Store or Restaurant
A store employee mops the floor but does not put out a warning sign. A customer slips, falls, and breaks their wrist. In this case, the store operator is likely liable, whether they own the building or lease it. By inviting customers in, the business takes on responsibility for its employees’ actions and for keeping the space safe.
Scenario 2: A Public Property or Park
The city of Bellevue owns and manages a public park. If the city fails to fix a known hazard, like a broken piece of playground equipment, and someone gets hurt because of it, the city may be liable for those injuries. Government-owned properties can still be held responsible for negligent maintenance.
Scenario 3: A Private Home
A delivery driver walks up the porch steps of a private home to drop off a package. The steps are rotting and unstable, but there is no warning. The steps give way and the driver falls. In this situation, the homeowner may bear liability because they failed to maintain a safe condition on their property.
When More Than One Party Is Responsible
Responsibility does not always fall on just one person. If a property is managed by a separate company or maintained by a contractor, those parties could also share liability. For example, if an apartment building’s management company was supposed to handle repairs under the lease agreement but ignored a broken staircase, both the property owner and the management company could be at fault. Figuring out who is liable often requires looking at maintenance records, lease agreements, and witness statements.
What If You Were Partly at Fault?
Sometimes an injured person’s own actions play a role in the accident. Maybe you were running in a store when you slipped. Maybe you ignored a warning sign. In those situations, your compensation may be reduced, but you may still be able to recover money.
Washington follows what is called the comparative negligence rule, which is written into state law under RCW 4.22.005. Under this rule, a court looks at how much each side contributed to the accident and assigns a percentage of fault. Your compensation is then reduced by whatever percentage of fault is yours.
Here is a simple example: If a court awards $100,000 in damages and finds that you were 30% at fault for the accident, you would likely recover $70,000 rather than the full amount.
One important thing to know is that insurance companies and property owners will almost always try to put as much of the blame on you as possible. The more fault they can assign to you, the less they have to pay. A slip and fall attorney can help make sure that does not happen.
Steps to Take After a Slip and Fall Accident
What you do right after a slip and fall can have a big impact on your case. Here is what to do:
- Get medical attention right away. Even if you feel okay, some injuries take time to show up. Medical records also serve as important evidence linking the accident to your injuries.
- Take photos of the scene. Photograph the hazard that caused your fall, the surrounding area, and any visible injuries.
- Get witness information. If anyone saw what happened, collect their name and contact information.
- Report the incident. Tell the property owner, manager, or business operator what happened so there is an official record of it.
- Keep your clothing and shoes. Physical evidence from the day of the accident, including what you were wearing, can matter in a legal claim.
- Contact an attorney. The sooner you speak with a slip and fall lawyer, the better your chances of preserving evidence and protecting your rights.
What Can You Recover After a Slip and Fall?
If you file a successful personal injury claim, you may be able to get compensation for:
- Medical bills, including emergency care, surgery, physical therapy, and future treatment
- Lost wages if your injuries kept you from working
- Pain and suffering for the physical and emotional toll the accident has taken on your life
To win a slip and fall claim in Washington, you need to show that the property owner was negligent, that their negligence caused your fall, and that you suffered real harm as a result. This takes evidence, and it takes someone who knows how to build a strong case.
Talk to a Bellevue Slip and Fall Attorney
You should not have to pay out of pocket for injuries that happened because someone else failed to keep their property safe. If you or someone you know was hurt in a slip and fall in Bellevue or anywhere in Washington, McNeese & Trotsky, PLLC, is here to help.
Our team can look at what happened, explain your legal options, and work to get you the full compensation you are owed. We handle the insurance company, gather the evidence, and fight for you, whether that means negotiating a settlement or taking your case to court.
Call us today at (206) 332-1918 to schedule a free consultation. You have nothing to lose by finding out where you stand.