Washington Premises Liability Attorney
A wet entryway, a stairway with no handrail, a loose board on a deck: the fall happens in seconds, and the medical bills and missed paychecks follow for months. Injury Law Group NW is a personal injury firm that represents people hurt on dangerous property across King County, the Eastside, and the greater Seattle area, and a Washington premises liability attorney from our team can look at whether the owner or manager of that property answers for what happened.
Premises liability is not the same as an ordinary accident claim. Nobody is blamed for a fall simply because it happened on their property. The question is whether the owner, tenant, or manager knew about a hazard, should have found it through reasonable inspection, or created it, and then failed to fix it or warn visitors. That question, and the evidence that answers it, drives the whole case.
The claims we see come from grocery aisles, apartment stairwells, parking lots, restaurants, big-box stores, and private homes. Some are slips. Some involve falling merchandise, broken railings, dim stairwells, or unsecured dogs. Each one turns on the condition of a specific place at a specific time, and that evidence disappears quickly.
Why Choose Injury Law Group NW for a Premises Liability Claim
Injury Law Group NW represents injured people and grieving families throughout King County and the Puget Sound region, and our attorneys spent decades defending insurance companies before changing sides. That matters in premises cases, because the other side is almost always a commercial liability carrier with a playbook for these claims: argue the hazard was open and obvious, argue the store had no notice, argue the injured person wasn’t paying attention. We have seen that playbook from the inside.
Troy Hunter, our Founding Partner, spent 16 years in insurance defense litigation, mostly as a partner at Floyd, Pflueger & Ringer. David D. Mordekhov spent two decades at Gardner Trabolsi & Mordekhov trying wrongful death, catastrophic injury, and product liability cases before judges and juries. Both are rated AV Preeminent by Martindale-Hubbell. David has been selected to the Super Lawyers list and teaches trial and deposition skills as faculty at the National Institute for Trial Advocacy. Our attorneys have argued at every level of the Washington court system, from district court to the Washington Supreme Court, and the firm is a member of the Washington State Association for Justice. Warren Barreiro and Hannah Shergold serve as associate attorneys, and our case managers return calls and texts promptly.
We prepare every claim as though it will be tried, because insurers pay more fairly when they know the lawyer across the table will go to court. Our results include a mid-six-figure settlement for an elderly woman struck by a transit bus in a downtown Seattle crosswalk and more than $1 million for parents whose newborn died after a hospital failed to adequately test for Group B Strep, a case that also led the hospital to change its procedures. Clients describe us as responsive, honest, and quick to communicate. David is fluent in Russian and Warren speaks Spanish, and if injuries make travel hard, we will meet you at home or at the hospital. The first consultation is free and confidential, and we work on contingency, so there is no attorney fee unless we recover money for you.
Where Premises Injuries Happen and Who Can Be Held Responsible
- Store and Retail Hazards: Spilled liquids, produce on the floor, freshly mopped aisles with no sign, cluttered walkways, and merchandise stacked too high on shelves. Retail claims often depend on how long the hazard sat there and whether employees were walking the floor.
- Apartment and Rental Property Defects: Broken stairs, missing handrails, burned-out stairwell lighting, crumbling balconies, and walkways that ice over in winter. Landlords and property managers can be responsible for common areas they control.
- Parking Lots and Exterior Walkways: Potholes, cracked curbs, poor drainage, inadequate lighting, and unmarked changes in elevation. Rain is a constant factor in western Washington, and owners are expected to account for it.
- Restaurants and Event Venues: Wet kitchen-adjacent floors, crowded exits, loose carpeting, and overcrowded or poorly maintained seating areas.
- Private Homes and Visitors: Injuries to guests, contractors, or delivery workers from rotted decks, unsafe stairs, or uncovered hazards. Homeowner’s insurance often responds to these claims.
- Dog Bites on Someone Else’s Property: Washington’s dog bite statute makes an owner liable when a dog bites a person in a public place or someone lawfully on private property, regardless of whether the dog had a history of aggression or the owner knew of it.
- Government-Owned Property: Sidewalks, public buildings, parks, and school grounds. These claims carry a special pre-suit claim requirement covered below.
- Construction Sites Open to Others: Property owners and contractors who leave excavations, debris, or unprotected edges where visitors, pedestrians, or workers from other employers can be hurt.
What to Do After an Injury on Someone Else’s Property
Get medical care first, and tell the provider exactly how you were hurt. Falls often produce injuries that feel manageable on day one and are not: a head strike, a fractured wrist, a back injury that worsens over a week. Records created close to the incident carry weight with adjusters and juries.
Then preserve the scene. Photograph the hazard, the surrounding area, the lighting, your footwear, and anything that shows the condition, such as the spill, the broken step, or the missing warning sign. Get names and contact information for witnesses. Ask that an incident report be made, and keep a copy or note who took it. Businesses often overwrite surveillance video on a short cycle, so a prompt request to preserve footage can decide whether the best evidence exists at all. We send those preservation demands for clients.
Be careful with the property owner’s insurer. An adjuster may call within days, friendly and sympathetic, and ask for a recorded statement. You are generally not required to give one to the other side’s insurer, and statements about “just not seeing” the hazard or “feeling fine” at the scene get used later to shift blame. Do not sign medical releases broader than necessary, and do not accept an early settlement before you know the full extent of your injuries.
Deadlines matter. Most Washington injury lawsuits must be commenced within three years of the injury. A suit is treated as commenced by either filing or service, provided the other step follows within 90 days. If the claim involves a government property owner, the rules change: a formal tort claim must be presented first, and no lawsuit may be filed until 60 calendar days have passed. For the state, the claim goes on the standard form to the Office of Risk Management. For a city, county, school district, or other local entity, it goes to that entity’s designated claims agent, whose identity is recorded with the county auditor. The limitations period is paused during the 60 days, and a suit filed within five court days after that window is treated as filed on the first day after it ends. Missing the claim step can end an otherwise strong case.
Where the case is heard depends on its size and location. King County Superior Court is a general jurisdiction court that hears personal injury cases, sitting at the King County Courthouse in Seattle and at the Maleng Regional Justice Center in Kent. Smaller claims fit within the civil jurisdiction of King County District Court, whose Redmond civil filing area covers Bellevue, Issaquah, Kirkland, Sammamish, and nearby communities. We evaluate which forum makes sense once we know the value of the claim.
How Washington Premises Cases Are Proved and Valued
Notice is usually the battleground. A plaintiff typically must show the owner created the hazard, knew about it, or should have discovered it through reasonable care. In a store, that can mean showing how long a spill sat, what the inspection routine was, whether cleaning logs exist, and where employees were stationed. In an apartment building, it can mean prior tenant complaints, maintenance requests, and repair records. We look for incident reports, surveillance video, maintenance logs, policies, and prior similar complaints, and we take depositions of the people who were responsible for the area.
Washington follows pure comparative fault. If an owner argues you share blame, your compensation is reduced by your percentage of fault but you are not barred from recovering. Washington has no 50 percent or 51 percent cutoff. Defendants lean on this hard in premises cases, arguing a hazard was obvious or the injured person was distracted, and the percentage they assign is often inflated. Challenging it with evidence is a core part of the work.
Damages can include past and future medical care, lost wages and lost earning capacity, and pain and suffering. Head injuries from falls deserve particular care because they do not always appear on a scan and insurers dispute them. If a fall causes a death, Washington law allows the personal representative to bring a wrongful death claim for the benefit of the surviving spouse, domestic partner, and children, or, if there are none, parents or siblings. That claim generally carries the same three-year deadline, counted from the date of death.
One more distinction worth knowing: if you were hurt while working on another company’s property, you may have a workers’ compensation claim and a separate claim against the property owner or another third party not in your employ. Pursuing the third-party claim is your choice, and the Department of Labor & Industries or a self-insured employer must be notified and may assert an interest in the recovery.
Premises Liability Questions Washington Clients Ask
How long do I have to file a premises liability lawsuit in Washington?
In most cases, three years from the date of injury. If the property owner is a government entity, you must first present a formal claim and wait 60 calendar days before suing, so the practical timeline is tighter.
What do I have to prove to win a slip and fall case?
You generally need to show a dangerous condition existed, the owner or manager created it, knew about it, or should have found it through reasonable inspection, and the condition caused your injuries. Evidence of how long the hazard existed is often central.
Can I recover if I was partly at fault?
Yes. Washington’s pure comparative fault rule reduces your recovery by your share of fault but does not bar it. Even a significant share of blame leaves you with a claim.
The store says the hazard was “open and obvious.” Is my case over?
Not necessarily. An obvious hazard may bear on fault, but owners can still be responsible when they should have anticipated that people would encounter it anyway, for example a display that forces customers past a spill or a hazard in a place people must walk. The facts decide it.
Who is responsible if I fall in an apartment complex stairwell?
Often the landlord or property management company that controls the common areas, sometimes along with a maintenance contractor. We look at lease terms, repair requests, and who actually controlled the area.
What if the property owner is a city, county, or school district?
A formal claim must be presented to the entity’s claims agent before suit, followed by a 60-day waiting period. The limitations period is paused during that time. Because errors in the claim step can be costly, start early.
Am I liable if a dog bites someone at my house?
Washington’s dog bite statute makes the owner liable for a bite to someone in a public place or lawfully on private property, regardless of the dog’s history or what the owner knew. Homeowner’s coverage frequently applies.
Should I give the property owner’s insurance company a recorded statement?
You are generally not required to, and it is wise to speak with a lawyer first. Adjusters ask questions designed to minimize injuries or suggest you were careless, and our attorneys know from years on the defense side how those statements are used.
Will my health insurance cover treatment while my claim is pending?
Often yes, and using it keeps you getting care while the claim develops. The health plan may later seek reimbursement from a recovery, and we work to keep those bills under control as the case moves forward.
Is it worth hiring a lawyer for a fall that seemed minor?
Injuries that start small can turn into months of treatment, and early settlement offers rarely account for that. A free consultation costs nothing, and we can tell you whether a claim is worth pursuing before you commit to anything.
What if the store already cleaned up and removed the evidence?
Photographs, witness accounts, incident reports, cleaning logs, employee schedules, and surveillance video can still show what happened. A prompt preservation letter helps, which is why contacting a lawyer early matters.
Do you handle cases for Russian or Spanish speakers?
Yes. David Mordekhov is fluent in Russian, and Warren Barreiro speaks Spanish, so many clients can discuss their injuries in their own language.
Serving Premises Liability Clients Across King County and the Puget Sound Region
Our work for injured property visitors starts in King County and reaches across the Eastside and greater Seattle area. We represent clients from Issaquah and Sammamish through Bellevue, Redmond, and Kirkland, and into Seattle, Kent, and Renton. Whether the fall happened at a shopping center, an apartment complex, a restaurant, or a private home, we handle claims from across the Puget Sound region and throughout Washington. Where injuries make travel difficult, we come to you.
Talk With a Washington Premises Liability Attorney Today
If a hazard on someone else’s property left you hurt, a Washington premises liability attorney at Injury Law Group NW can tell you what evidence matters and what your claim may be worth. Call or text us to schedule a free, confidential consultation. You pay nothing unless we recover money for you. We give hope. We get results.
