Seattle Premises Liability Attorney

Legal Duty to Keep the Property Safe

A person who owns or occupies property has a legal duty to keep the property safe for visitors.

If the property owner or occupant fails to meet that legal duty and a dangerous condition injures someone, that someone may be able to recover compensation by filing a premises liability claim.

• Premises liability claims include slip-and-fall and trip-and-fall cases and other types of accidents.
• The dangerous conditions can be inside or outside the property.
• Failure to properly maintain property in repair and keep property secure can be the basis of premises liability claims.
• Injuries caused by a third party can be the basis for a claim in some situations.

Specific legal requirements for injuries from an accident on the property must be met to provide the basis for a premises liability claim.

The duty to a visitor depends on why the visitor is on the property.

There are three types of visitors, and property owners have a different level of responsibility for each type.

• Invitees (Business Visitors)
• Licensees (Social Guests)
• Trespassers (Uninvited Visitors)

Duty to Business Visitors (Invitees)

Invitees are business visitors or people who go to a property open to the public. The property owner owes the highest level of care to invitees.

• When you visit any business or commercial establishment, you are an invitee.
• You are an invitee when you shop at a store, eat dinner at a restaurant, see the doctor, or visit a friend in the hospital.
• Most premises liability cases arise because the owner or occupant of a business or commercial establishment failed to meet his or her responsibilities to invitees.

The business owner is responsible for exercising ordinary care to keep the premises reasonably safe for invitees. (The duty only applies to those portions of the property you might reasonably be expected to use. It does not apply to restricted areas.)

Specific requirements must be met for an owner or occupant to be legally liable to an invitee for injuries caused by a dangerous condition. The owner or occupant is legally responsible if he or she:

• Knows about the unsafe condition — or does not use ordinary care to discover it — and should realize that the condition poses an unreasonable risk of harm;
• Should know that the invitee will not be aware of the dangerous condition or that the invitee will fail to protect himself or herself against it, and
• Fails to use ordinary care to protect invitees from dangerous conditions.

The owner/occupant also has a duty to use reasonable care to discover dangerous conditions and protect invitees from hazards.

An injury on business property does not always mean you have a good premises liability claim.

• An injury does not by itself create liability.
• The facts of the accident need to satisfy all the legal requirements.
• The facts in every case are unique.

Duty to Social Guests (Licensees)

Licensees are visitors to the property with the owner’s permission, but not for a purpose related to the owner’s business. Property owners and occupants owe a duty to licensees, but the duty is less than the duty owed to an invitee.

• Visitors to private residences are usually licensees.
• When you have friends or family over to dinner or invite them to stay as house guests for a few days, they are licensees. (It’s a little confusing. You “invite” them, but they are licensees, not invitees — in the eyes of the law.)

If an unsafe condition on the property causes injuries, liability to a licensee exists only if these conditions are met:

• The owner/occupant knows or has reason to know of the condition, should realize that it is dangerous, and should realize that the licensee will not see or discover the unsafe condition;
• The owner/occupant fails to exercise reasonable care to make the condition safe or warn the licensee about the condition and the safety risk, and
• The licensee does not know or have reason to know of the condition and the risk involved.

In addition to being responsible for dangerous conditions, the owner/occupant must exercise ordinary care when carrying out activities on the property to avoid injuring licensees.

The main difference between the duty to invitees and the duty to licensees is that for licensees, the owner/occupant does not have the affirmative duty to discover dangerous conditions. That duty does exist concerning invitees.

As with injuries to business visitors, being injured as a social guest does not necessarily mean having a good premises liability claim. The facts of the accident need to satisfy the legal requirements.

Duty to Uninvited Visitors (Trespassers)

A trespasser is someone who goes onto property without the permission or invitation of the owner/occupant. No duty is owed to a trespasser except to refrain from deliberately, willfully, or wantonly injuring the trespasser.

• A trespasser goes onto another person’s property at his or her own risk.
• Generally, a premises liability claim is difficult for a trespasser to win.

Common Causes of Premises Liability Injuries

Injuries on someone else’s property are usually the result of negligence. Here are some of the most common causes of premises liability injuries:

Cause	How It Leads to Injury
Slippery or Wet Floors	Spilled liquids, freshly mopped surfaces, or leaks create slip-and-fall hazards.
Uneven or Broken Walkways	Cracked sidewalks, loose tiles, and uneven flooring increase the risk of tripping.
Poor Lighting	Dim or broken lights make it hard to see hazards, leading to falls or assaults.
Faulty Staircases & Handrails	Loose railings, broken steps, or missing handrails can cause dangerous falls.
Inadequate Security	Lack of security cameras, guards, or lighting can lead to assaults, theft, or other violent incidents.
Falling Objects	Unsecured shelving, hanging fixtures, or construction materials can cause serious injuries.
Unsafe Swimming Pools	Lack of fencing, improper maintenance, or slippery surfaces create drowning and fall risks.
Defective or Broken Furniture	Collapsing chairs, tables, or benches can cause sudden and sometimes severe injuries.
Building Code Violations	Ignoring safety regulations—such as missing handrails or improper wiring—creates hazardous conditions.
Escalator & Elevator Malfunctions	Sudden stops, misalignment, or mechanical failures can lead to severe falls and entrapments.
Fires & Electrical Hazards	Exposed wiring, overloaded circuits, or blocked fire exits increase fire and electrocution risks.
Toxic Substances & Chemical Exposure	Mold, gas leaks, or hazardous chemicals can cause respiratory issues, poisoning, or long-term health problems.
Dog Bites & Animal Attacks	Property owners who fail to restrain aggressive animals can be held liable for injuries.
Unsecured Construction Areas	Open pits, falling debris, messy walkways, or a lack of warning signs make construction zones hazardous.
Defective Playgrounds & Amusement Park Rides	Poorly maintained equipment can lead to falls, fractures, or severe accidents.
Parking Lot & Roadway Hazards	Potholes, missing traffic signs, and poor pedestrian walkways increase accident risks.
Ice & Snow Accumulation	Failure to properly clear sidewalks, stairs, or entryways in winter conditions leads to dangerous slips.

Every one of these hazards is preventable. Property owners who cut corners or ignore safety rules put people at risk—and when a property owner’s negligence causes injuries, they should be held accountable. If you were hurt because of an unsafe property, you may have a case for compensation.

Who’s Involved in a Premises Liability Case?

It isn’t always simple to figure out who’s responsible when you get hurt on someone else’s property.

According to premise liability law, multiple parties could be at fault, and identifying them is key to getting the compensation you deserve.

Who Can Be Held Liable?

Depending on where and how the injury happened, one or more of the following may be responsible:

• Property Owners: Whether it’s a homeowner, business owner, or landlord, the person who owns the property is typically the obvious person considered liable.
• Property Managers: If a third party manages the property, they may share responsibility for maintenance and safety failures.
• Tenants & Businesses: When a property is rented or leased, the person or company in control of the space could be at fault for failing to address hazards.
• Maintenance & Repair Companies: If an outside company was responsible for upkeep and neglected repairs, they might also be liable.
• Security Companies: When poor security leads to an injury, such as an assault in a parking lot, the company responsible for security measures could be held accountable.

What About Insurance?

Most premises liability cases involve a homeowner’s policy, business liability insurance, or commercial property policy. These companies will do everything possible to minimize payouts, so having an experienced premises liability attorney handle negotiations is critical.

Other Parties in the Legal Process

Your attorney, the person who will fight to prove liability and recover maximum compensation for your injuries.

The defense lawyers representing the property owner, business, or insurer will work to deny or reduce your claim.

Who Pays for Injuries in a Premises Liability Claim?

An insurance company usually pays compensation for premises liability claims. Depending on where the accident occurred, homeowner’s or commercial liability insurance could cover the claim. With no insurance, the property owner pays out of pocket.

Types of Damages in a Premises Liability Case

When you’re injured on someone else’s property, the financial and personal impact can be overwhelming. Compensation in a premises liability case falls into two main categories:

• Economic Damages: Tangible financial losses, such as medical bills, lost wages, and property damage.
• Non-Economic Damages: Compensation for pain, suffering, emotional distress, and other non-financial hardships.

Economic Damages

Economic damages cover direct financial losses related to your injury. These are typically easier to calculate because they are based on actual expenses and financial hardships.

Damage	Description	Typical Value Range
Medical Bills	Covers hospital bills, surgery, medication, rehabilitation, and future medical care.	$5,000 – $500,000+
Lost Wages	Compensation for time missed from work due to injury and recovery.	$1,000 – $100,000+
Loss of Future Earnings	If injuries prevent you from returning to your job or reduce your earning potential.	$10,000 – $1,000,000+
Property Damage	Reimbursement for damaged personal property (e.g., broken phones, glasses, or other belongings).	$100 – $5,000+
Home & Vehicle Modifications	Costs of making accessibility changes, such as wheelchair ramps or modified vehicles.	$5,000 – $50,000+
Out-of-Pocket Costs	Travel expenses, medical devices, in-home care, or other injury-related expenses.	$500 – $10,000+
Household Services	Compensation for hiring help with cleaning, childcare, or home maintenance due to injury limitations.	$1,000 – $50,000+
Vocational Rehabilitation	Covers retraining or education costs if the injury prevents a return to your previous job.	$5,000 – $100,000+
Legal & Filing Fees	Costs for expert witnesses, court fees, and other legal expenses related to pursuing a claim.	Varies

Note: The actual value of economic damages depends on injury severity, medical costs, and lost income.

Non-Economic Damages

Non-economic damages compensate for physical, emotional, and psychological losses that don’t have a direct financial value but still impact your quality of life. These damages are subjective and can vary widely based on the severity of the injury.

Damages	Description	Typical Value Range
Pain & Suffering	Compensation for physical pain and discomfort caused by the injury and its long-term effects.	$5,000 – $500,000+
Emotional Distress	Covers anxiety, depression, PTSD, and psychological trauma from the accident.	$5,000 – $250,000+
Loss of Enjoyment of Life	If the injury prevents participation in hobbies, activities, or normal daily routines.	$5,000 – $500,000+
Disfigurement & Scarring	Compensation for visible scars, burns, or permanent changes to appearance.	$5,000 – $1,000,000+
Loss of Consortium	If the injury affects relationships with a spouse or family members.	$0 – $250,000+
Loss of Independence	Compensation for relying on others for daily tasks due to long-term disabilities.	$5,000 – $500,000+
Permanent Disability	If the injury permanently impairs movement, cognitive function, or general abilities.	$25,000 – $1,000,000+

Note: Non-economic damages are often calculated using a multiplier method, where economic damages are multiplied by a factor based on injury severity (typically 1.5x to 5x).

Typical Settlement Amounts for Premises Liability Cases

Settlement amounts in premises liability cases vary widely based on injury severity, liability evidence, and long-term impact. While every case is different, below are general settlement ranges based on common injury types.

Injury Type	Typical Settlement Range	Examples
Minor Injuries	$5,000 – $50,000	Sprains, minor cuts, bruises, soft tissue injuries.
Moderate Injuries	$50,000 – $200,000	Fractures, concussions, dislocations, and significant scarring.
Severe Injuries	$200,000 – $1,000,000+	Spinal injuries, traumatic brain injuries, and amputations resulting in permanent disability.
Wrongful Death	$500,000 – $5,000,000+	Fatal premises liability accident (drowning, fire, extreme negligence).

Third-Party Claims With an L&I Claim

A job injury caused by a property condition can also give rise to a third-party claim; see Washington L&I Job Injuries Third Party Claims.

What You Should Do If You’re Injured on Business or Private Property in Seattle?

If you suffer any injuries on someone else’s property:

• Get medical treatment and a complete medical evaluation immediately.
• Save everything you had with you when the accident happened, including everything you wore and carried (especially your shoes if the accident was a slip and fall or trip and fall).
• If feasible: At the scene, if you have a friend or family member with you, ask that person to take photos to document the accident scene, including photos of the condition that caused your injuries. Also, ask him or her to get the names and contact information of witnesses who saw the accident.
• Be very careful if you are contacted by an insurance adjuster for the property owner or occupant. Do not make statements that could harm your case.

If you are seriously injured, the best decision is to refuse to talk with the insurance adjuster and consult with experienced lawyers to handle communication with the insurance company.

When Is It Worth Making a Claim for Injuries on Another Person’s Property?

Premises liability cases are often factually and legally complicated. Being injured on someone else’s property does not always mean you have a good premises liability claim.

• To make a case for an injury as an invitee or licensee, the specific facts must support the legal requirements for imposing liability.
• Demonstrating those facts usually requires an investigation.
• Recovery can be limited if the victim’s conduct contributed to his or her injuries (such as someone falling because he or she drank too much alcohol).

Even when all the legal requirements are met, you may not wish to move forward with a legal case if:

• Your injuries are not significant,
• You recover quickly, and
• All your expenses and losses are reimbursed or covered by insurance.

But if your injuries are severe, you lose work, and require long-term treatment, or if a disability results, it’s in your best interest to get more information. Talk with a personal injury lawyer about your case and receive free advice and help.

• Don’t expect the insurance company for the owner/occupant to give you full compensation for your injuries.
• You can jeopardize your case by talking with the insurance company. They are looking for facts to help the insurance company.
• Consult with a lawyer. You don’t have to hire a lawyer to get legal advice. Reach out and make contact for a free case evaluation.