What started out as a normal day out shopping and running errands ended with you flat on your back in the middle of a store. Now you are dealing with pain, injuries, and missed work. Someone should be held accountable, right? Slip and falls at retail stores are premises liability claims. Proving the retail store is responsible for your injuries requires proving a failed duty of care.

Key Takeaways

• Retail stores owe their customers a duty of reasonable care to maintain safe premises.
• Stores may also be liable based on reasonable foreseeability of certain hazards.
• Pictures, videos, witness statements, and physical evidence can support a claim.
• Washington uses a comparative fault system that can reduce an injured person’s damages when found partially at fault.
• An injured party generally has three years to resolve their claim.

What Duty Does a Washington Retail Store Owe Its Customers?

A retail store invites members of the public onto the store’s property to be customers. The person shopping is a business invitee. Under Washington premises liability law, stores generally have a duty to their customers to:

• exercise reasonable care to keep the premises reasonably safe;
• inspect for dangerous conditions;
• discover hazards;
• correct dangerous conditions when reasonably necessary; and/or
• provide an adequate warning when appropriate.

When it comes to slip and falls in retail stores, the status of the business invitee matters.

When Is a Retail Store Responsible for a Customer’s Slip and Fall?

A retailer is generally liable for a customer’s slip and fall when it caused the condition that led to the fall. A common example of this would be a store employee creating the condition, such as spills, merchandise or equipment left in walkways, or failure to perform required maintenance.

Liability may also be incurred for slip and falls in retail stores in situations where the store did not cause the condition but had actual notice of it. Another customer could have created the spill. An employee saw the spill happen and chose to walk away instead of cleaning it up. Then another customer slips and falls in the spill. The key is that the store had knowledge of the condition and had an opportunity to address it.

Another common method of proving liability is by constructive notice. Assume that a drink spilled on the floor and none of the employees saw it happen. However, the spill sat out in the open for long enough that the store employees, when exercising reasonable care, should have discovered and corrected it.

What if the Store Says It Didn’t Know About the Hazard?

A retail store cannot get out of being liable for a slip and fall by claiming that it didn’t know about the hazard. The court applies a reasonable foreseeability standard. Foreseeability does not mean automatic liability for a slip and fall in a retail store. But it does make it possible to hold a retail store liable for a fall-causing condition that it should have reasonably foreseen. For example, customers routinely track rainwater and snow into the store from outside. This creates a slippery floor condition by the entrance. This condition is reasonably foreseeable, and the store should take steps to reduce the water that’s tracked in or dry the floor. That way, it reduces the risk of falls.

A plaintiff still has to establish that an unreasonably dangerous condition existed. A person cannot establish negligence merely by proving that they slipped on a wet floor.

What Evidence Can Prove a Slip and Fall at a Retail Store?

To prove your claim in connection with a slip and fall in a retail store, you need to have adequate evidence. You need to be able to show the court that the facts satisfy the statutory requirements to prove the retail store’s liability. Pictures and videos can show what the store’s conditions looked like at the time and location of the fall. They can also show a lack of warning signs, cones, or notice of hazards. Surveillance footage can also show the incident as it happened.

Witnesses can give a third-party account of what happened in a slip and fall at a retail store. Because they do not have an interest in one party winning over the other, the court gives their testimony weight. Expert witnesses can provide specialized testimony to help establish negligence.

Ask the store for a copy of the incident report. This can show the court how the store handled the situation. It may also be possible to request copies of previous fall incidents that can show the store was aware of a dangerous condition.

It is also important to keep any available physical evidence, such as the clothing and shoes you were wearing that day. The store could attempt to shift liability by stating you were wearing clothing that contributed to the fall. By keeping these items, you can counter these claims. You should also keep medical records to establish that you were hurt and the cost of treatment.

Can the Store Blame You for the Fall?

When defending against slip and falls in retail stores, it is common for a store to present evidence to support an argument that the victim was partially at fault. In these cases, how successful the store is in its arguments can impact your ability to recover damages.

Washington uses a comparative fault system. When an injured plaintiff files a lawsuit, the court considers what led to the incident that caused the injury and damages. If the plaintiff is found to have contributed, making them partially at fault, their fault percentage proportionately reduces their recovery amount. The system is purely comparative. That means you could be 99% at fault as the plaintiff and still be able to recover the remaining 1%. There is no threshold that bars recovery.

What Should You Do After a Slip and Fall at a Washington Store?

The first thing you should do after you experience a slip and fall at a retail store is seek medical treatment. Your health is the utmost priority. You should also report the incident to the property owner or an on-duty retail store manager. Ask for a copy of the incident report to keep for your records. If this is not possible, you can take a picture of the report with your phone.

While you are still at the store, take pictures of the incident site if possible. Try to capture the floor conditions, lighting, warning signs, and anything else related. It is also a good idea to take pictures of your clothing, shoes, and injuries. If there were any witnesses to your fall, collect their contact information.

In the days following a slip and fall at a retail store, you may need to attend follow-up doctor's appointments or see a specialist for more serious injuries. Track your losses by saving bills and receipts, tracking mileage, and tracking missed work. Report the incident to the necessary insurance company. Be cautious when talking to an insurance adjuster. Do not give a recorded statement without speaking to an attorney first. Have a lawyer review any medical releases before signing. Discuss with a lawyer your legal options and potential for recovery of losses and injuries.

How Long Do You Have To File a Washington Slip-And-Fall Claim?

As the injured party, you generally have three years to file your slip and fall claim. This type of claim is categorized as a premises liability claim. If you wait too long to file your claim and the deadline passes, you could be barred from seeking a recovery.

Talk to a Personal Injury Attorney

If you have recently experienced a slip and fall at a retail store, you may have a premises liability personal injury claim. Speaking with a personal injury lawyer can help you understand your legal options. A lawyer will review the facts and determine potential damages. Robinson & Kole represents clients in personal injury claims. Contact us today for a free consultation by calling 360-671-8112 or by using our online contact form.