When the temperature drops in Washington, slipping on a commercial parking lot can be a frequent risk. If you have suffered a serious fracture or head injury from a fall on ice, you may be wondering if it was just a clumsy accident. But under Washington law, your injury may be the direct result of a property owner’s failure to keep you safe.
How Washington laws draw the line on liability
In Washington, property owners are not automatically immune from liability just because ice naturally formed on the pavement. If you slipped on a commercial parking lot, the store owner can be liable for your injury, provided that they meet these conditions:
- They knew or should have known the ice posed an unreasonable risk.
- They expected that visitors might not see the ice or protect themselves against the risk.
- They failed to exercise reasonable care to protect the visitor.
Store owners are not responsible for your damages if the danger is in plain sight. However, they can still be liable if they should have anticipated that something had distracted you or if you had no other path to use to enter the building.
Protecting your rights after a fall
Filing an injury claim against the property owner can be a heavy burden, especially when you are recovering from the pain. Moreover, you also have to face the tactics of insurance adjusters and Washington’s strict three-year deadline for personal injury claims. Seeking legal counsel can be a valuable resource to discuss options.