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April 24th, 2025 We’ve seen it happen countless times to clients walking through a grocery store or retail store in Pullman or elsewhere in Washington state. One wrong step on a wet floor, and suddenly they’re injured, facing medical bills, missing work, and wondering what to do next.
If you’ve experienced a fall in a store, you’re probably asking yourself: “Can I actually hold the property owner responsible?” The answer depends on several critical factors we’ll explore below, with particular attention to Washington state premises liability law.
Under Washington state law, every business that welcomes customers onto their property takes on what we call a “duty of care.” This legal responsibility means property owners must take reasonable steps to keep their premises safe. When we evaluate a slip and fall case at Hess Injury Law, we look for evidence that the store failed to:
Many people blame themselves after falling, but store negligence often plays the deciding role. Washington’s comparative negligence law (RCW 4.22.005) means you can still recover damages even if you were partially at fault.
Winning a slip and fall claim requires proving the store was negligent. Based on our experience handling these cases in Washington, you’ll need to establish:
To prove negligence in your personal injury claim, you’ll need solid evidence to support your case. We tell our clients who were injured in a slip to gather as much information as possible after a fall. Photos showing exactly what caused your fall, particularly any hazardous condition like a wet floor without warning signs, can make all the difference when working to prove the store owner’s liability.
What you do immediately after a slip and fall incident dramatically affects your potential claim. Several crucial steps can strengthen your ability to file a claim successfully:
Never wave off a medical evaluation after a fall. Seeking medical attention creates an official link between your fall and your injuries, which becomes essential documentation for your case.
Always inform store management about your fall. Request an incident report and get a copy. This documentation helps establish when and where the incident occurred.
Capture photos of what caused your fall before it’s cleaned up. Get contact information from anyone who saw what happened. Note exact details about where and when the incident occurred.
Be careful about making statements like “I wasn’t paying attention.” Stick to facts, not interpretations or apologies.
Store owners and their insurance companies typically fight slip and fall claims aggressively. Common defense tactics include:
These challenges highlight why consulting with a personal injury lawyer experienced in premises liability cases can make a significant difference in the outcome of your claim.
Within days of reporting your slip and fall accident, you’ll likely hear from the store’s insurance company. This initial contact seems helpful, but requires careful handling.
The adjuster might ask for a recorded statement, request medical authorizations, or offer a quick settlement. Their friendly approach masks their true purpose: minimizing what they pay you. Insurance adjusters often use tactics like:
If an adjuster contacts you, politely decline to give statements or sign anything until you’ve sought legal advice. Provide only basic information about when and where your fall occurred. Remember that anything you say becomes part of your claim’s record – and potentially used against you later.
Insurance companies track which claimants have legal representation. Working with injury lawyers often results in more fair compensation than handling claims alone.
Washington state law gives you three years from your accident date to file a lawsuit (RCW 4.16.080). This statute of limitations provides more time than many neighboring states, but we strongly recommend starting the process much sooner if you plan to file a personal injury lawsuit. Surveillance footage often gets deleted, witnesses move away, and physical evidence disappears.
When pursuing slip and fall claims in Washington, you may be entitled to recover compensation for:
The value of these cases varies widely based on injury severity, clarity of liability, and long-term impacts. Serious falls can cause significant injuries that require substantial medical care – broken hips, traumatic brain injuries, spinal damage, or shoulder injuries that require surgery and lengthy recovery.
Many slip and fall victims hesitate to contact a personal injury attorney, often believing their case isn’t serious enough or feeling uncertain about the legal process. Speaking with a personal injury lawyer can help determine if you have grounds to file a personal injury claim against the retail store. Consider consulting with an attorney if:
At Hess Injury Law, we’ve handled numerous slip and fall cases throughout Hermiston and across Washington state. Our injury lawyers understand the tactics stores use to avoid responsibility in both states. A quick call to our office lets us evaluate whether you have a viable claim worth pursuing.
Slip and fall accidents cause more than physical pain—they create financial stress, lost work time, and uncertainty about your rights. You don’t have to face these challenges alone.
Our team at Hess Injury Law offers free case evaluations to help you understand your legal options after a store fall. We handle these cases on a contingency basis, meaning you pay nothing unless we recover fair compensation for you.
Contact us today to discuss your situation and learn how we might help you pursue the compensation you deserve after a slip and fall incident.
Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.
Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.
Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.
