What To Do if You Slip and Fall in a Store

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l&i lawyer chris sharpe Christopher Sharpe
Home Seattle Personal Injury Attorneys What To Do if You Slip and Fall in a Store

If you slip and fall in a store or on someone else’s property, the consequences can be more serious than you might think. Beyond embarrassment, these incidents often lead to injuries, mounting medical bills, and time away from work. Under Washington premises liability law, store owners have a legal duty to keep their properties safe for customers. When they fail to do so, you have the right to hold them accountable.

What Immediate Steps Do I Need to Take After a Slip and Fall Accident?

Taking the right steps immediately after a slip and fall can significantly impact your ability to recover compensation.

Taking the following steps will protect your health and legal rights. Act quickly to preserve evidence and strengthen your claim if you decide to pursue legal action. Here’s what you should do:

  1. Check for Injuries: Your health comes first. Call for medical help, or have someone else call if you’re seriously injured. Even if you feel fine, some injuries like concussions or internal damage may not show symptoms right away.
  2. Report the Incident: Notify the store manager or supervisor immediately and request they create an incident report documenting the accident. Make sure you get a copy and that the report includes details like the date, time, and the exact location of the fall.
  3. Document the Scene: Use your phone to take photos or videos of the accident site, including the hazard that caused your fall (e.g., spilled liquid, torn carpet, uneven flooring), the lack of warning signs or barriers around the hazard, and the surrounding area, including lighting and other environmental factors.
  4. Gather Witness Information: Ask for the contact information of anyone who saw the incident. Witnesses can provide crucial testimony to support your claim.
  5. Seek Medical Attention: A medical professional should check even minor injuries. Medical records ensure your health is addressed and serve as vital evidence linking your injuries to the accident.
  6. Keep Records: Save everything related to the incident, including medical bills, receipts for out-of-pocket expenses, and correspondence with the store or their insurance company.

How Do Premises Liability and Slip and Fall Laws Work in Washington State?

Washington store owners are legally obligated to protect their customers by identifying and addressing potential hazards. When they fail in this duty, they can be held accountable for injuries caused by their negligence.

Slip and fall accidents fall under premises liability, a legal framework that holds property owners responsible for maintaining safe conditions, legally requiring them to:

  • Regularly inspect their property for hazards.
  • Promptly address dangerous conditions, such as wet floors, uneven surfaces, or poor lighting.
  • Provide clear warnings for hazards they can’t immediately fix.
  • Train employees to spot and resolve risks effectively.

Many slip-and-fall accidents occur because store owners neglect these responsibilities. This leads to hazards such as spills or wet floors without warning signs, loose rugs or mats that create tripping hazards, cluttered aisles or misplaced items, and poor lighting in areas like stairwells or entrances.

Do I Need to Prove Negligence in a Slip and Fall Case?

Proving negligence is the cornerstone of any successful slip and fall claim. To hold a store owner accountable for your injuries, you must demonstrate the following:

  • A Hazardous Condition Existed: A dangerous situation, such as a spill, uneven flooring, or poor lighting, posed a customer risk.
  • The Store Owner Knew or Should Have Known About the Hazard: You must show that the store owner or their employees were aware of the hazard or should have discovered it through regular inspections.
  • The Store Failed to Fix or Warn About the Hazard: The owner did not take reasonable steps to correct the issue or provide adequate warnings, such as placing a wet floor sign.
  • The Negligence Directly Caused Your Injuries: You must connect your injuries to the store owner’s failure to address the hazardous condition.

Does Comparative Negligence Apply to Slip and Fall Accidents in Washington?

Yes, Washington follows a comparative negligence system, which means your compensation can be reduced if you are found partially at fault for your slip-and-fall accident.

Example: You slip on a puddle in a grocery store aisle. The store failed to place a “Wet Floor” sign after an employee mopped the area, making them negligent. However, if security footage shows you were looking at your phone and didn’t notice the puddle, a court might assign you 20% of the blame. If your total damages are $10,000, your award would be reduced by 20%, and you would receive $8,000 instead of the full amount.

You must gather evidence to demonstrate that the store’s negligence was the primary cause of your injuries. Without proper evidence, the store or their insurance company might try to shift more blame onto you to reduce their liability unfairly.

An experienced attorney can help you prove these elements and protect you from tactics that may unfairly assign blame.

What Compensation Will I Receive in My Slip and Fall Case?

A slip and fall in a store can leave you facing mounting expenses and physical pain. If the store’s negligence caused your injuries, you can seek compensation. Here’s what you may be entitled to recover:

  • Medical expenses, including all costs related to treating your injuries, such as emergency room visits, doctor consultations, physical therapy, rehabilitation, medications, medical equipment, etc.
  • Lost wages and earning capacity if your injuries prevent you from working, including compensation for lost income during your recovery and reduced ability to earn a living if your injuries cause long-term or permanent disability.
  • Pain and suffering compensation for the physical pain and emotional distress caused by the accident. This is especially important for injuries that lead to chronic pain or impact your quality of life.
  • Property damage if personal belongings—such as a phone, glasses, or clothing—were damaged during the fall, you can include their repair or replacement costs in your claim.
  • Other out-of-pocket expenses include transportation to medical appointments, home modifications needed due to injuries, and hiring help for tasks you can no longer perform.

When Should I Call a Seattle Premises Liability Attorney?

Not every slip-and-fall case requires an attorney, but many do—especially when the stakes are high.

Here are situations where calling a Seattle premises liability attorney is not just advisable but essential:

  • You Suffered Serious Injuries: If your injuries require extensive medical treatment and rehabilitation or result in long-term disability, including traumatic brain injuries, an attorney can help you pursue the full compensation you deserve.
  • The Store Denies Liability: Stores and their insurance companies frequently argue that they are not responsible for the accident. An attorney can gather evidence to prove negligence and counter these tactics.
  • You’re Offered a Low Settlement: Insurance companies aim to protect their bottom line. Initial settlement offers are often far below what you need to cover medical bills, lost wages, and other damages. An experienced attorney knows how to negotiate and won’t let you settle for less than what your case is worth.
  • Evidence Needs to Be Preserved: Stores often have surveillance footage that could prove your case, but this evidence isn’t always voluntarily handed over. An attorney can take legal steps to secure important evidence before it’s lost or destroyed.
  • You’re Unsure About the Legal Process: Slip and fall cases involve complex legal rules, deadlines, and negotiations. Without a clear understanding of premises liability law, you risk leaving money on the table or having your claim dismissed. An attorney handles the legal details so you can focus on recovery.

At Sharpe Law Firm, we’ve seen how overwhelming these situations can be. That’s why we offer a free consultation to evaluate your case and help you determine the best path forward. If you choose to work with us, you pay nothing unless we win.

What Common Mistakes Do I Need to Avoid After My Slip and Fall Accident?

After a slip and fall accident, it’s easy to make mistakes that can hurt your ability to recover compensation.

Here are some of the most common mistakes and how to avoid them:

  1. Failing to Report the Incident: If you don’t report your accident to store management immediately, it can raise questions about whether it actually happened. Always insist on creating an incident report and ask for a copy before you leave the store.
  2. Neglecting to Gather Evidence: If you don’t document the scene, it will be much harder to prove the property owner’s negligence later. Take photos or videos of the hazard, the surrounding area, and any warning signs that may not be present.
  3. Delaying Medical Attention: Always see a doctor promptly and keep detailed medical records. Even if you think your injuries are minor, waiting to seek medical care will weaken your claim, and insurance companies will argue that your injuries weren’t serious or weren’t caused by the accident.
  4. Admitting Fault: Avoid statements like “I should have been more careful” or “I didn’t see the spill.” These can be used against you later to reduce or deny your claim. Stick to the facts when speaking to store employees or insurance adjusters.
  5. Signing Documents Without Legal Advice: Stores or their insurance companies may ask you to sign waivers or settlement agreements quickly after the accident. These documents often limit your ability to pursue further compensation. Always consult an attorney before signing anything.
  6. Settling Too Quickly: Initial settlement offers are rarely enough to cover your costs. Stores and their insurers want to resolve claims as cheaply as possible. Don’t accept any offers without understanding the full extent of your injuries and damages.
  7. Missing the Deadline to File a Claim: In Washington State, the statute of limitations for personal injury claims is three years. Missing this deadline means you lose your right to seek compensation. Act promptly to preserve your rights.

Why Should I Choose Sharpe Law Firm?

Slip and fall cases can quickly become complex, especially when stores and insurance companies try to avoid responsibility. At Sharpe Law Firm, we have the experience, resources, and dedication to fight for your rights. We’ve helped countless clients recover compensation for injuries, medical expenses, and lost wages. We work on a contingency fee basis, meaning you pay nothing unless we win your case.

If you’ve been injured in a slip-and-fall accident, don’t wait. Protect your health, finances, and future by contacting Sharpe Law Firm today. Call us for a free consultation, and let us help you secure the compensation you deserve.

FAQs – What To Do if You Slip and Fall in a Store

What should I do if the store denies responsibility for my fall?

If the store denies liability, don’t panic. This is a common tactic to avoid paying compensation. Gather as much evidence as possible, including photos, witness statements, and medical records. Contact an attorney immediately to help build your case and push back against these claims.

How long do I have to file a slip and fall claim in Washington State?

You have three years from the incident date to file a personal injury claim under Washington’s statute of limitations. However, acting quickly is best to preserve evidence and strengthen your case.

Will filing a claim mean going to court?

Not necessarily. Many slip and fall claims are resolved through negotiations with the store’s insurance company. However, if a fair settlement cannot be reached, your slip-and-fall lawyer may recommend taking the case to court to pursue the compensation you deserve.

What should I do if there were no witnesses to my fall?

Even without witnesses, you can still build a strong case by collecting other forms of evidence. Take photos of the scene, document the conditions that caused your fall, and get medical records that link your slip and fall injuries to the incident. An experienced attorney can help gather additional evidence, such as surveillance footage.

Can I file a claim if I fell in the store’s parking lot?

Yes, the parking lot also falls under premises liability. The store is responsible for hazards like potholes, uneven pavement, poor lighting, or ice. If the property owner failed to maintain a safe parking lot, you may be able to file a claim.

How much compensation can I expect for my slip and fall case?

The amount of compensation depends on the severity of your injuries, medical expenses, lost wages, and other damages. Slip-and-fall attorneys can evaluate your case and provide an estimate based on similar cases and the evidence available. 

Meet Our Personal Injury Attorney

Cydney Campbell Webster

Cydney, a shareholder at GLP Attorneys, has been a successful personal injury lawyer since 1993. She specializes in cases in Seattle involving auto accidents, construction site injuries, and defective products. Her track record includes significant settlements, notably a $7 million case for a child injured in a playground incident.

Read More About Cydney Campbell Webster

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