Slip & Fall FAQs

Proving liability in a slip and fall claim can be challenging and time consuming. A personal injury lawyer can gather evidence, interview key witnesses, handle negotiations with insurance companies, and build a strong case on your behalf. Injured parties who hire a slip and fall attorney may receive larger settlements than those who negotiate on their own. Personal injury lawyers in Washington State generally work on a contingency fee basis, which means you pay attorney fees only if your case results in a recovery.

A person injured in a slip and fall at a neighbor’s or friend’s home may have a personal injury claim if the homeowner’s negligence, such as failing to address a dangerous condition, contributed to the accident. Whether the homeowner can be held liable depends on the circumstances, including whether the homeowner knew or should have known about the hazard and whether reasonable steps were taken to address it.

A person injured in a slip and fall at a store or other business may be able to file a slip and fall claim if negligence contributed to the accident and resulting injuries.

Examples of negligence in a slip and fall case may include:

• Failing to clean up a spill or wet floor within a reasonable time
• Failing to warn customers about a known hazard
• Failing to repair damaged or uneven flooring
• Allowing clutter, merchandise, or other obstacles to remain in walkways
• Failing to maintain stairs, handrails, or other areas of the property safely
• Failing to provide adequate lighting in areas where people are expected to walk
• Failing to address hazardous conditions that employees knew or should have known about

A person injured in a slip and fall on government property may be able to pursue a claim against the responsible government entity. However, claims against government entities can involve specific procedures, notice requirements, and deadlines, making these cases more complicated than many other personal injury claims. It is best to seek the help of an experienced personal injury lawyer who understands the requirements for bringing a claim against a government entity.

If it can be shown that a property owner or employee knew about a hazardous condition and failed to correct it or warn visitors about the danger, they may have breached their duty of care. For example, if an employee was notified about a spill and did nothing to clean it up or warn customers, that may help establish negligence.

In some cases, a slip and fall claim may also involve a violation of a statute, regulation, or building code. The specific circumstances of the accident will determine whether the violation may support a personal injury claim.

A property owner may be considered to have “constructive notice” of a dangerous condition when the hazard existed for long enough that a reasonably careful property owner or employee should have discovered it. For example, if a floor tile has been loose and protruding for months and someone trips and falls on it, evidence that the condition existed for an extended period may help show that the property owner should have discovered and addressed the hazard.

Depending on the circumstances, several different people or organizations may potentially be held liable in a slip and fall case, including:

• Homeowner
• Social host
• Building owner
• Business owner or tenant
• Property manager
• Government entity

Proving negligence alone is not necessarily enough to establish liability. The evidence must also connect the property owner’s or other responsible party’s negligence to the accident and resulting injuries.