If you were hurt on someone else’s property, you may be wondering whether you have the right to seek compensation. The answer depends on a legal concept called premises liability. Understanding what it is, how it works in Washington State, and what your options are can help you decide what to do next.
What Is Premises Liability?
Premises liability is the area of law that holds property owners responsible for injuries that happen on their property. The basic idea is that property owners have a duty to keep their property reasonably safe for people who visit. When they fail to do that, and someone gets hurt because of it, the injured person may have the right to file a claim.
This applies to all kinds of properties, including stores, apartment buildings, restaurants, parking lots, sidewalks, office buildings, and private homes.
Common Types of Premises Liability Claims
There are many ways a person can get hurt on someone else’s property. Below are the most common types of premises liability claims in Washington State.
Trip and Falls
Trip and fall accidents happen when something on the ground causes a person’s foot to catch or get stuck. Common hazards include potholes, uneven pavement, exposed wires, and objects left in walking areas. If a property owner knew about the hazard and did not fix it or put up a warning, they may be held responsible for the injuries that result.
Slip and Falls
Slips and falls are different from trips and falls. Instead of catching a foot on something, the victim loses their footing because of a substance on the floor. Milk spills in grocery stores, grease at gas stations, and beverage spills at restaurants are common examples. A property owner can be held liable if they knew about the spill and did not clean it up or post a warning sign. They can also be responsible if they should have known about it through regular inspections, but failed to check.
Defective Sidewalks
Most people trust that sidewalks are safe to walk on. But sidewalks can develop dangerous conditions over time, including cracks, depressions, lifted sections caused by tree roots, and debris. When a city, town, or property owner fails to maintain a sidewalk in safe condition, they may be liable for injuries that happen because of it.
Inadequate Maintenance
Property owners are expected to keep their buildings and grounds in good working order. When they do not, the results can be dangerous. Broken staircases, faulty elevators, crumbling infrastructure, and other forms of neglected upkeep can all lead to serious injuries. If a hazardous condition develops because a property was not properly maintained, the owner may be held responsible.
Inadequate Lighting
Poor lighting makes it much harder for people to see hazards on the floor, ground, or stairs. A property owner who does not provide proper lighting in areas like parking lots, stairwells, hallways, and building entrances is putting visitors at risk. Inadequate lighting often plays a role in both slip and fall and trip and fall accidents.
Elevator and Escalator Accidents
Elevators and escalators require regular inspections and maintenance to operate safely. If a property owner knew that one needed repairs and did not take it out of service, or if they failed to keep up with routine maintenance, they could be held liable for injuries that happen as a result.
Stairwell Accidents
Stairwells in poor condition are a major hazard. Broken handrails, chipped or missing steps, and general structural decay can cause serious falls. This applies to stairwells in office buildings, apartment complexes, shopping centers, and stadiums alike. When a property owner ignores a dangerous stairwell, they may be on the hook for any injuries that result.
Negligent Security
Property owners, including landlords, are responsible for taking reasonable steps to protect the people on their property from criminal acts. This is called a duty to provide adequate security. If a property owner fails to install proper lighting, hire security personnel, or maintain functional locks and doors, and someone is attacked or robbed as a result, the property owner may be liable. What counts as “reasonable” security depends on several factors, including the crime rate in the area.
Falling Objects
When objects that are improperly stored or secured fall and strike someone, serious injuries can follow. Head, neck, and spine injuries are common outcomes. Falling lumber on a construction site, broken shelving at a retail store, and unsecured tools falling from a balcony are all examples of this type of hazard. If a business or property owner did not take proper steps to secure objects stored above, they may be held liable.
Dog Bites
Under Washington law, a dog owner is strictly liable for the economic damages caused by a dog bite or attack. This means the owner is responsible regardless of whether the dog had ever bitten anyone before and regardless of whether the owner had any reason to believe the dog might attack. If you were bitten or attacked by someone else’s dog and suffered injuries, you may have a valid claim.
Swimming Pool Accidents
Swimming pools can be dangerous when proper safety measures are not in place. Slip and falls on wet pool decks, accidental drowning, and diving board injuries are all examples of pool-related accidents that can give rise to a premises liability claim. Depending on the circumstances, liability could fall on the property owner, a municipality in the case of a public pool, or even a product manufacturer if defective equipment was involved.
Who Has a Right to File a Claim? Visitor Classifications in Washington
Washington law categorizes visitors to a property into three groups, and the level of care a property owner owes depends on which group a visitor falls into.
Invitees
Invitees are people who enter a property for a purpose that benefits the property owner, such as customers in a store. Property owners owe the highest duty of care to invitees. They must regularly inspect their property, fix known hazards, and warn visitors about any dangers that cannot be quickly corrected.
Licensees
Licensees are people who enter a property with the owner’s permission but for their own purposes, such as social guests. Property owners must warn licensees about known hazards that are not obvious. They do not have to actively search for dangers the way they do with invitees, but they cannot stay silent about hazards they know about.
Trespassers
Trespassers enter a property without permission. In most cases, property owners owe trespassers only a minimal duty of care. They cannot, however, set up traps or willfully cause harm to a trespasser.
How to Prove a Premises Liability Case in Washington
To have a successful premises liability claim, you must be able to show four things:
- Duty of care. The property owner owed you a duty of care based on your status as a visitor.
- Breach of duty. The property owner failed to meet that duty, such as by not fixing a known hazard or failing to warn you of a danger.
- Causation. The owner’s failure to act is what caused your accident and your injuries.
- Damages. You suffered real losses as a result, such as medical bills, lost wages, or pain and suffering.
All four elements must be present for a claim to move forward. If any one of them is missing, the case may not hold up.
Washington’s Comparative Fault Rule
Washington is a comparative fault state. This means that if you were partly responsible for your own accident, your compensation can be reduced by the percentage of fault assigned to you. For example, if you were found 20% at fault for not paying attention to a posted warning sign, and your total damages were $50,000, you would receive $40,000 instead.
This rule makes it important to understand how your own actions at the time of the accident may affect your claim. An attorney can help you address potential comparative fault arguments before they become a problem.
The Statute of Limitations: Do Not Wait Too Long
In Washington State, you generally have three years from the date of your accident to file a personal injury lawsuit. This deadline applies to premises liability cases as well. If you miss this window, you will likely lose your right to seek compensation entirely, no matter how strong your case might be.
Three years can feel like a long time, but building a strong case takes time. Evidence can disappear, witnesses forget details, and surveillance footage gets deleted. Starting the process early gives your attorney the best chance of building the strongest possible claim on your behalf.
What an Attorney Can Do for Your Case
Premises liability claims can be complicated. Insurance companies often work quickly to minimize what they pay out, and Washington’s comparative fault rules can be used to reduce your compensation. Having an experienced personal injury attorney in your corner can make a real difference.
A good attorney will:
- Review the facts of your accident and tell you whether you have a viable claim
- Gather evidence such as photos, surveillance footage, maintenance records, and witness statements
- Identify all potentially responsible parties
- Handle communications with insurance companies on your behalf
- Build a case that accounts for both your economic damages (medical bills, lost income) and non-economic damages (pain and suffering, emotional distress)
- Represent you in court if a fair settlement cannot be reached
Talk to McNeese & Trotsky, PLLC About Your Case
Getting hurt on someone else’s property is stressful. You may be dealing with physical pain, medical expenses, and time away from work, all while trying to figure out who is responsible and what to do next. You do not have to figure it out on your own.
McNeese & Trotsky, PLLC, handles premises liability cases throughout Washington State. Whether you were injured in a slip and fall, a dog attack, a stairwell accident, or any other type of property-related incident, our team can review the details of your case and help you understand your rights and options. Call us today at (206) 332-1918 for a free consultation.