In Washington, residential and commercial property owners/lessee owe a duty to protect those who visit their property from being harmed. Spilled liquids, slippery substances, plumbing leaks, uneven floorboards, broken rails, loose carpets, or missing warning signs or barriers can all contribute to slip and fall accidents.

Depending upon the reason visitors have for being on the property, they may be considered as invitees, licensees, or trespassers. Property owners owe different duties to each classification. The highest duty of care is owed to invitees. Invitees may include clients in offices, as well as customers visiting restaurants, retail stores and shopping malls.

In order to recover damages for a slip and fall accident, invitees must show: (1) they were an invitee, (2) the defendant knew or should have known about a danger that involved an unreasonable risk of harm to invitees, (3) the defendant should have expected that invitees wouldn’t realize there was a danger, and (4) the defendant failed to use ordinary care to guard against the danger.

Persons injured in slip and fall accidents may be able to recover compensatory damages if they can establish liability. Compensatory damages are needed for medical bills, lost income, out of pocket expenses, and future needs. Injured persons may also be entitled to compensation for their noneconomic losses, including pain and suffering, loss of enjoyment, and loss of consortium.