If someone gets hurt on your property, it’s natural to wonder who is responsible. Owning property—whether it’s your home or a business—comes with responsibilities. One of the biggest is keeping a safe environment for others. But what happens if someone slips, trips, or gets hurt?

In Washington state, property owners have a legal obligation to keep their property safe, but they are not automatically liable if an injury or death occurs on their property. More on this later.

Whether it’s a slippery floor in a store or a hidden hazard in your backyard, the consequences of unsafe conditions can be serious. If someone gets hurt on your property, understanding who is liable—and why—is crucial.

In this blog, we’ll break down what property owners need to know about premises liability, provide real-life examples, and outline the steps to take if someone is injured on your property.

 

What is Premises Liability?

Premises liability is a legal term that means property owners have a responsibility to keep their property safe. If someone gets hurt because the property is unsafe, the owner may be held responsible.

Examples of Premises Liability

Wet Floor in a Grocery Store: A customer slips on a puddle because no “Caution: Wet Floor” sign was put up.

Dog Bite: A delivery driver gets bitten by an unrestrained dog in someone’s yard.

Poorly Lit Parking Lot: A visitor trips over a pothole in a dimly lit lot.

In these cases, the owner might be responsible if they failed to take steps to prevent these hazards. However in order for the owner to be legally liable, they must have created (or allowed to exist) a dangerous condition which caused the property to be unsafe.

 

Who is Responsible?

If a property owner—whether an individual, business, or government entity—knows or reasonably should know about a hazardous condition, they have a legal duty to either fix the issue promptly or clearly warn others about the potential danger.

That being said, responsibility or rather liability, depends on two key things:

1. The Condition of the Property: Was the property well-maintained and safe?
2. The Visitor’s Role: Why was the person on the property?

Here’s how the law views visitors:

• Invitees: These are people invited for business reasons, like customers in a store. Property owners owe them the highest level of care.
• Licensees: These are social guests, like friends or family visiting your home. You’re expected to warn them about known dangers (like a loose stair).
• Trespassers: People who enter your property without permission. Generally, you don’t owe them a duty of care unless they’re children attracted by something dangerous, like a swimming pool.

 

Special Rules for Children and Trespassers

Children are treated differently under premises liability law due to the attractive nuisance doctrine. If a property feature (e.g., a swimming pool, trampoline, or abandoned vehicle) is likely to attract children, property owners must take extra precautions to prevent injuries—even if the children are trespassing.

For adult trespassers, liability generally doesn’t apply unless the property owner created a deliberate hazard, such as a hidden trap.

 

Special Rules for Landlords

When it comes to premises liability, landlords often operate under unique rules. In general, landlords aren’t responsible for injuries caused by unsafe conditions that arise after they have handed over control of the property to a tenant.
However, there are important exceptions, such as when:

• The landlord knew or should have known about a dangerous condition before leasing the property.
• The landlord failed to repair known hazards in common areas, such as stairwells, parking lots, or hallways.
• The landlord violated building codes or failed to provide essential safety features, like functional smoke detectors. For example, if a tenant slips on a broken staircase the landlord neglected to fix, the landlord could be held liable for the injury.

 

What Is Reasonable Care?

Reasonable care means taking actions to prevent hazards or warn others about them. For example:

• Cleaning up spills promptly
• Fixing broken stairs
• Installing proper lighting in parking lots
• Securing swimming pools with fences and gates

If these precautions aren’t taken and someone gets hurt, the property owner may be found negligent.

 

Owner’s Negligence Explained

Premises liability cases hinge on whether the property owner acted negligently. Negligence in this context means failing to exercise reasonable care to keep the property safe.

Examples include:

• Failing to repair hazards: Such as broken railings or icy walkways.
• Ignoring safety measures: Like proper lighting in a parking lot or warning signs near construction zones.
• Inadequate security: If a business doesn’t install locks or cameras and someone is harmed as a result. For instance, if a store owner knows about a leaking pipe that creates a slippery floor but doesn’t address it, they may be held responsible if a customer slips and gets hurt.

 

Can Injured Visitors Be Partially at Fault?

In some cases, the injured person’s own negligence may reduce their ability to recover compensation if:

• A customer ignores a clearly marked “Wet Floor” sign and slips anyway.
• A party guest trips over their own shoelaces while walking through a well-lit area.

Washington follows a comparative negligence rule, meaning an injured person’s compensation may be reduced by the percentage of fault attributed to them. For example, if they’re found 20% at fault for the accident, they can recover only 80% of the damages.

 

Does Homeowners Insurance Cover Injuries on Your Property?

Most homeowners insurance policies include liability coverage, which can help pay for:

• Medical expenses
• Legal defense costs
• Settlements or judgments

However, coverage may not apply if the injury resulted from intentional actions or if the policyholder failed to disclose known hazards. Check your policy to understand what’s covered and how much protection you have.

 

What Should You Do If Someone Is Injured on Your Property?

If someone gets hurt on your property, here are reasonable steps you can take to protect yourself and address the situation responsibly:

1. Provide Immediate Help
   Ensure the injured person receives medical attention as quickly as possible. Call 911 if necessary.
2. Document the Incident
   Take photos of the accident scene and the conditions that caused the injury. Then, collect the injured person’s contact information and any witness statements.
3. Report the Incident
   If the injury occurs on commercial property, notify the business owner or manager. For residential properties, inform your insurance company as soon as possible.
4. Don’t Admit Fault
   This is an important step. While it’s natural to feel apologetic, avoid admitting fault until the situation has been fully investigated.
5. Consult a Premises Liability Lawyer
   Premises liability cases can be complex. Speaking with an experienced personal injury lawyer can help you understand your rights and responsibilities.

 

Understanding the Statute of Limitations

In Washington State, there is a time limit—called the statute of limitations—for filing a premises liability claim. Typically, you have three years from the date of the incident to file a claim. Missing this deadline can mean losing the right to seek compensation. However, there are exceptions. If the injured person is a minor, the clock may not start until they turn 18. Claims involving government entities often have shorter deadlines and additional requirements, such as filing a formal notice of claim before initiating a lawsuit.

 

Looking For A Proven Premises Liability Attorney? Start With Your Free Consultation

Our slip and fall accident attorneys at Rush Hannula Harkins & Kyler PLLC are well-versed in premises liability law and can assess for you what your status on the property was – invitee, licensee, or trespasser – and the nature and extent of the owner’s duty to you.

Get a free case evaluation when you book a consultation with our team of trial-proven personal injury attorneys.