If someone gets hurt on your property, it is natural to wonder who may be responsible. Owning or managing property, whether it is a home, store, apartment building, or commercial space, can involve responsibilities for maintaining reasonably safe conditions.

But what happens if someone slips, trips, falls, or suffers another injury while visiting your property?

In Washington State, property owners and other parties responsible for a property may face liability when a failure to meet a legal duty contributes to someone’s injury. However, an injury occurring on a property does not automatically make the owner legally responsible.

Whether a property owner, landlord, business, or other party may be liable depends on the circumstances, the condition that caused the injury, the person’s reason for being there, and other relevant facts.

In this article, we explain the basics of premises liability, common examples of unsafe property conditions, and steps to consider if someone is injured on your property or you are hurt while visiting someone else’s property.

What Is Premises Liability?

Premises liability is an area of personal injury law involving injuries caused by unsafe property conditions or certain failures to maintain reasonably safe premises.

Depending on the circumstances, a premises liability claim may involve a property owner, landlord, business operator, property manager, or another party responsible for maintaining the property.

Examples of incidents that may raise premises liability questions include:

• Slip and fall accidents: A customer slips on a wet grocery store floor that was not promptly cleaned or appropriately marked.
• Dog bites: A visitor or delivery worker is bitten by a dog on the property.
• Unsafe walkways: A guest trips over a broken step, uneven pavement, or a damaged walkway.
• Poor lighting: A visitor falls in a dimly lit parking lot where a hazard is difficult to see.
• Swimming pool accidents: A person is injured around a pool because of an unsafe condition or inadequate precautions.
• Negligent security: A person suffers an assault or other harm in circumstances where inadequate security may have contributed to the incident.

These examples do not automatically establish liability. A legal claim generally requires an evaluation of the applicable duty of care, whether that duty was breached, whether the breach caused the injury, and what damages resulted.

For more information about fall-related injuries, visit our slip and fall and premises liability practice page.

Who Is Responsible for an Injury on Someone Else’s Property?

Responsibility depends on who controlled or maintained the property, who knew or should have known about the dangerous condition, and whether reasonable steps were taken to address the risk.

Potentially responsible parties may include:

• Property owners: An owner may be responsible when a dangerous condition falls within their legal responsibilities and their failure to exercise reasonable care causes an injury.
• Business operators: A business may be responsible for hazards in areas it operates or controls, depending on the circumstances.
• Landlords and property managers: Liability may arise from responsibilities involving common areas, repairs, maintenance, or other conditions under their control.
• Maintenance contractors: A contractor may be responsible if negligent maintenance or repair work contributes to an injury.
• Government entities: Certain injuries involving public sidewalks, buildings, parks, or other government-controlled property may raise claims against a public entity, subject to specific legal requirements.

More than one party may share responsibility. For example, a property owner, management company, and maintenance contractor may each have played a role in creating or failing to correct a hazard.

The facts must be evaluated to determine who had the relevant responsibility and whether their conduct contributed to the injury.

How Does a Visitor’s Status Affect Premises Liability?

Washington premises liability law considers the circumstances of a person’s presence on the property. Traditional legal categories include invitees, licensees, and trespassers, although the applicable duties depend on the facts and relevant legal principles.

Invitees

Invitees generally include people entering a property for a purpose connected to the owner’s business or for another purpose that benefits the owner or is covered by an invitation.

Customers shopping in a store are a common example. Businesses may need to take reasonable steps to inspect for hazards, address dangerous conditions, and provide appropriate warnings when required.

Licensees

Licensees are generally people permitted to enter property for purposes such as social visits. A social guest visiting a friend’s home is a common example.

The circumstances matter when determining what duties the property owner may owe, including whether a dangerous condition was known or whether a warning or other precaution was required.

Trespassers

Trespassers enter or remain on property without permission. The duties owed to trespassers can differ from those owed to people who are lawfully present.

However, trespass does not mean that every possible claim is automatically barred. The circumstances, the conduct involved, and any applicable legal exceptions must be considered.

Because Washington law does not make liability turn on a label alone, an attorney may need to examine the visitor’s status alongside the condition of the property and the actions of the parties involved.

Special Considerations for Children and Trespassers

In certain circumstances, a property owner may have additional responsibilities when a dangerous feature is likely to attract children who may not appreciate the risk.

This concept is commonly associated with the attractive nuisance doctrine. Examples sometimes considered in these cases include swimming pools, certain machinery, or other potentially dangerous features that may attract children.

Whether the doctrine applies depends on the facts and applicable law. The presence of a swimming pool or another attractive feature does not automatically establish liability.

Property owners should take appropriate precautions to reduce foreseeable risks, particularly when children could access a dangerous area. Depending on the property and circumstances, precautions may include secure barriers, functioning gates, and restricting access to hazardous equipment.

Special Rules for Landlords and Rental Properties

Landlords may have responsibilities involving the condition and maintenance of rental properties, but liability depends on the circumstances and the duties imposed by law.

Relevant questions may include who controlled the area where the injury occurred, who was responsible for repairs, whether a dangerous condition was known or reasonably discoverable, and whether the landlord had an obligation to address it.

Potential examples include:

• A tenant or visitor falls on a damaged staircase in a common area.
• A visitor trips on a broken walkway that the landlord was responsible for maintaining.
• A hazardous condition remains unrepaired after the responsible party receives notice.
• A building safety issue contributes to an injury.

The division of responsibility between a landlord, tenant, property manager, and contractor may depend on the lease, the property’s condition, applicable statutes, and the parties’ conduct.

A landlord is not automatically liable for every injury that occurs in a rental unit, and a tenant is not automatically responsible for every unsafe condition. The specific facts must be examined.

What Is Reasonable Care in Premises Liability?

Reasonable care generally means taking appropriate steps to address foreseeable risks under the circumstances. The precautions that may be required depend on the property, the type of hazard, and the responsibilities of the parties involved.

Examples of reasonable safety measures may include:

• Cleaning spills within a reasonable time and using appropriate warnings when necessary.
• Repairing broken stairs, railings, and walkways.
• Maintaining adequate lighting in hallways, entrances, and parking areas.
• Inspecting property for hazards and responding to reported problems.
• Taking appropriate precautions around swimming pools and other dangerous features.
• Addressing known security risks when the law requires reasonable protective measures.

A failure to take reasonable precautions may support a negligence claim if it causes an injury. However, the existence of a hazard alone does not necessarily prove negligence. The circumstances, including what the responsible party knew or should have known and whether there was a reasonable opportunity to respond, may be important.

Examples of Property Owner Negligence

Premises liability cases often involve questions about whether a dangerous condition was foreseeable and whether reasonable steps could have prevented the injury.

Failure to Repair a Known Hazard

A property owner or manager may receive notice that a stair railing is loose but fail to arrange a repair. If someone later falls while relying on the railing, the circumstances may warrant an investigation into whether the failure to address the hazard contributed to the injury.

Unsafe Floors and Walkways

A spill, uneven floor, damaged pavement, or icy walkway may create a risk of slipping or tripping. The relevant questions may include how long the hazard existed, whether the responsible party knew or should have discovered it, and what steps were taken to address it.

Inadequate Lighting

Poor lighting can make hazards difficult to see. If a property operator fails to address a lighting problem in an area under their responsibility and someone is injured, the circumstances may support a premises liability claim.

Inadequate Security

In some situations, a business or property operator may have a legal responsibility to take reasonable security precautions in response to foreseeable risks. Whether inadequate security contributed to an assault or another injury depends on the circumstances, including the nature of the risk and the precautions that were reasonably required.

Unsafe Swimming Pool Conditions

A swimming pool can create risks involving slips, falls, drowning, and other serious injuries. Depending on the circumstances, relevant issues may include access controls, barriers, maintenance, supervision, and warnings.

Learn more about related claims on our swimming pool and diving accidents practice page.

Can an Injured Visitor Be Partly at Fault?

Yes. A person injured on someone else’s property may share responsibility for the incident.

Washington follows a comparative fault system. Under this system, an injured person’s recovery may be reduced according to the percentage of fault attributed to them. A person’s own negligence does not automatically prevent recovery under Washington’s general comparative fault rule.

For example, imagine a visitor suffers $50,000 in otherwise recoverable damages and is found to be 20% at fault. If the applicable comparative fault rules are applied to those figures, the recovery would be reduced by $10,000, leaving $40,000 before any other applicable adjustments.

The actual allocation of fault depends on the evidence and circumstances. Relevant questions may include whether the visitor could reasonably see the hazard, whether an adequate warning was provided, and whether the property owner or another responsible party failed to take appropriate precautions.

For a more detailed explanation, read our article on understanding comparative negligence in Washington.

Does Homeowners Insurance Cover Injuries on Your Property?

Many homeowners insurance policies include personal liability coverage that may help cover certain claims involving injuries on the insured property. Coverage varies by policy and circumstances.

Depending on the terms of the policy, coverage may help pay for:

• Certain medical expenses or injury-related claims.
• Legal defense costs.
• Covered settlements or judgments.

However, coverage is not guaranteed. Policy exclusions, limits, notice requirements, the nature of the incident, and other terms can affect whether a claim is covered.

If someone is injured on your property, consider notifying your insurance company promptly and following the reporting instructions in your policy. Preserve relevant records and photographs, and avoid making assumptions about fault or coverage before the circumstances have been reviewed.

If you are the person who was injured, do not assume the property owner’s insurance will automatically pay your expenses. Liability and coverage must be evaluated based on the facts and applicable policy terms.

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

If someone is hurt on your property, take reasonable steps to address the immediate situation and preserve information about the incident.

1. Help the Injured Person

Check whether the person needs medical attention. Call 911 if the situation appears serious or emergency assistance is needed. Do not put yourself or others at risk while trying to help.

2. Document the Incident

When it is safe and appropriate, record the date, time, location, and circumstances of the incident. Take photographs of the area and the condition that may have contributed to the injury. Preserve relevant maintenance records and identify any witnesses.

3. Report the Incident When Appropriate

Notify the property owner, business manager, property manager, or other responsible party as appropriate. If you own or manage the property, notify your insurer in accordance with the policy’s requirements.

4. Preserve Relevant Information

Keep incident reports, photographs, repair records, communications, and other relevant documentation. Avoid altering or discarding potentially important evidence before the circumstances have been properly documented.

5. Seek Legal Guidance if Necessary

If the injury is serious, responsibility is disputed, or a claim has been made against you, consider speaking with an attorney about your rights and responsibilities. If you were injured, a premises liability attorney can help evaluate whether a claim may be available.

What Should You Do If You Are Injured on Someone Else’s Property?

If you are injured because of a potentially unsafe property condition, consider taking the following steps:

• Seek appropriate medical care and follow medical advice.
• Report the incident to the property owner, business, or manager when appropriate.
• Take photographs of the hazard and surrounding area if it is safe to do so.
• Collect contact information for witnesses.
• Keep copies of medical records, bills, incident reports, and relevant communications.
• Avoid assuming that an insurance company has accepted responsibility before the claim has been evaluated.
• Consider consulting an attorney if you suffered significant injuries or there are questions about fault or compensation.

Evidence may become harder to obtain as time passes. Taking reasonable steps to document the incident can help preserve information that may be relevant to a potential claim.

Understanding the Statute of Limitations for Premises Liability in Washington

A statute of limitations is a legal deadline for filing a lawsuit. Under Washington law, many personal injury claims are subject to a three-year limitation period under RCW 4.16.080. However, the applicable deadline depends on the facts, the legal basis of the claim, and any exceptions that may apply.

Different requirements may apply when an injury involves a government entity. These cases can involve formal claim presentation procedures and a waiting period before a lawsuit may be filed.

Other circumstances, including claims involving minors or specific legal exceptions, may affect the applicable deadline. Do not assume that every premises liability case follows the same timeline.

If you believe you have a claim, seeking legal advice promptly can help you understand the deadline and any procedural requirements that may apply.

Looking for a Premises Liability Attorney? Start With a Consultation

If you were injured on someone else’s property, determining who may be responsible can be complicated. The analysis may involve the condition that caused the injury, the visitor’s status, the responsibilities of the property owner or manager, and the evidence available.

Rush, Hannula, Harkins & Kyler PLLC represents injured people throughout Washington. Our attorneys can review the circumstances, explain potential legal options, and help you understand whether a premises liability claim may be appropriate.

RHHK handles cases involving slip and fall accidents and other personal injury matters arising from unsafe conditions. The outcome of any case depends on its individual facts and the applicable law.

Call RHHK at 253-383-5388 to discuss your situation and request a consultation.

You can also contact our office online to get started.

This article is for informational purposes only and is not legal advice. Reading this article or contacting the firm does not automatically establish an attorney-client relationship.