Winter in Washington State brings beautiful scenery, but it also introduces a significant risk: slip and fall accidents caused by snow and ice. A sudden fall can result in serious injuries, leading to staggering medical bills, lost wages, and profound pain and suffering.
If you’ve been injured after slipping on ice or snow on someone else’s property, you need to know your rights. In Washington, property owners and occupiers have a responsibility—a "duty of care"—to maintain their premises and keep visitors reasonably safe.
The Property Owner’s Duty of Care
A slip and fall case typically falls under the legal area of premises liability. This is where a property owner is held responsible for injuries caused by a dangerous condition they created, knew about, or should have known about, yet failed to fix or warn against.
When it comes to winter hazards like ice and snow, many people mistakenly believe that it’s simply a "natural condition" and therefore no one is at fault. However, Washington law has generally rejected the idea that property owners are never liable for injuries from naturally accumulated snow and ice.
The key question is whether the owner took reasonable steps to address the danger. What is "reasonable" depends on the circumstances, but for businesses and landlords, this often means:
- Timely Removal: Clearing snow and ice from walkways, entrances, and parking lots within a reasonable time after accumulation.
- Treatment: Applying salt, sand, or de-icer to make surfaces safer.
- Warning: Placing clear warnings around known, unavoidable icy patches.
If an owner fails in this duty of care, and their negligence causes your injury, you may have a right to pursue compensation.
Seeking Compensation for Your Injuries
When a property owner’s negligence causes a winter slip and fall, you may be entitled to recover damages. These damages are intended to compensate you for the full extent of your loss, and can include:
- Medical Expenses: Hospital stays, doctor visits, physical therapy, and future medical care related to the fall.
- Lost Wages: Income you’ve lost because your injuries kept you from working.
- Pain and Suffering: Compensation for the physical discomfort, emotional distress, and loss of enjoyment of life resulting from the accident.
Keep in mind that Washington follows a comparative negligence rule. This means that if you were found to be partly at fault for your fall—for example, by walking distractedly—your total compensation could be reduced by your percentage of fault.
Protecting Your Rights: Immediate Steps to Take
Your actions immediately following a slip and fall are critical to any potential claim:
- Seek Medical Attention: Your health is the priority. Get a medical evaluation, and ensure all your injuries are documented.
- Document the Scene: If possible, take photos or videos of the exact location where you fell. Capture the icy patch, the lack of salt, or any other visible hazard before it is cleaned up.
- Identify Witnesses: Get the names and contact information of anyone who saw you fall.
- Report the Incident: Officially report the fall to the property owner, store manager, or landlord and ask for a copy of the report.
The Time to Act is Now
There is a limited time—called the statute of limitations—to file a personal injury lawsuit in Washington, generally three years from the date of the accident. While this may seem like a long time, crucial evidence can disappear quickly, especially in winter slip and fall cases where the hazard is temporary.
If you or a loved one has suffered a winter slip and fall injury in Washington, don't face the complexity of premises liability laws alone. We are Becker Franklin Rovang, a results-driven business established on a compassionate approach to securing the compensation you deserve. We are ready to listen to your story and determine the best course of action.
Call us today for a consultation at (360) 800-3009—let us fight for your rights so you can focus on your recovery.
