Premises Liability Lawyer in Seattle

A wet floor. A broken stair. A dark parking garage. If you were hurt on someone else’s property, you may have a premises liability claim. A Seattle premises liability lawyer can show you if the owner is responsible and how much your claim may be worth.

Elsner Law Firm helps injured people across Seattle, King County, and Washington. We have focused on Washington personal injury law for 17 years. You pay nothing upfront. We are paid only if we win your case. Call, text, or book online for a free consultation, day or night.

Get in touch today for a free case review. Or call (206) 447-1425 now.

Why Do Injured People Choose Elsner Law Firm?

They want a lawyer who focuses on Washington injury law and treats them like a person, not a file number.

Free consultation any time, by phone, text, video, or in person. We can also visit your home.
No fee unless we win. We advance the case costs.
Offices in Seattle, Brier, Ellensburg, and Pullman.
Every case is built as if it will go to trial. Insurers know the difference.
Medical, accident, and security experts to prove what went wrong.

What Is Premises Liability in Washington?

Premises liability means a property owner can be held responsible when an unsafe condition on their property hurts someone. To win, you must show four things: the owner owed you a duty, the owner broke that duty, the break caused your injury, and you suffered real harm.

The duty part is where cases get hard. How much the owner owed you depends on why you were there.

What Duty Does a Property Owner Owe You?

Washington sorts visitors into three groups. Each group gets a different level of care.

Visitor type	Who this is	What the owner must do
Invitee	Shoppers, tenants, patients, clients	Inspect for hazards, then fix them or warn you
Licensee	Social guests and others there for their own reasons	Warn you of known dangers
Trespasser	People with no permission to be there	Not hurt you on purpose or through reckless acts

Washington courts keep these groups apart. In Younce v. Ferguson, 106 Wn.2d 658 (1986), a teen went to a graduation party on private land. A friend had paid a $4 entry fee. The Washington Supreme Court still called her a licensee, not an invitee.

Does an Obvious Hazard Let the Owner Off the Hook?

Not always. In Mihaila v. Troth, No. 55525-5-II (Wash. Ct. App. 2022), the court said an owner may still owe a duty when a danger is obvious, if the owner should expect harm anyway. For example, a worker may feel forced to face a hazard to finish a job. Seeing a hazard does not end your claim.

What If a Child Was Hurt on Someone’s Property?

Children get extra protection. Under the attractive nuisance doctrine, an owner can be responsible when a child trespasser is hurt by something that draws kids in, such as an unfenced pool or a trampoline. Courts look at the facts, such as the child’s age and how easy the danger was to fix. A child injury lawyer can explain your family’s options.

How Do You Prove a Slip and Fall or Other Premises Claim?

You prove the owner knew, or should have known, about the hazard and did not fix it. Evidence includes photos, video, maintenance logs, incident reports, and witness names.

In a store, you may not need to show the owner knew. In Johnson v. Liquor & Cannabis Board, No. 98726-2 (Wash. May 13, 2021), the Washington Supreme Court allowed claims without proof of notice when a business’s way of operating makes a hazard likely. Rain tracked into a store entry during a wet Seattle day is one example.

Can You Sue After a Crime on Someone’s Property?

Sometimes. In Nivens v. 7-11 Hoagy’s Corner, 133 Wn.2d 192 (1997), the Washington Supreme Court said a business must take reasonable steps to protect customers from crime it can foresee. The court also said a business has no separate duty to hire security guards. These negligent security claims turn on prior incidents, lighting, locks, and warnings. If you were hurt in an attack, talk to a negligent security lawyer.

Who Can Be Held Responsible?

More than one party may share blame. Liable parties can include:

The property owner
A business tenant who controlled the area
A property management company
A maintenance, snow removal, or construction contractor
A homeowners’ association
A city, county, or state agency

Owners and contractors often have contracts that shift risk. These include indemnity clauses and additional insured coverage. We read them to find every insurance policy that may pay.

What Injuries Happen on Unsafe Property in Seattle?

These injuries happen in grocery stores, apartment buildings, parking garages, hospitals, schools, and on icy lots and walkways.

Slip and fall and trip and fall: wet floors, loose mats, uneven walkways, broken stairs. A slip and fall lawyer can review these claims.
Parking lot and sidewalk injuries
Snow and ice injuries. See Washington ice and snow slip and fall liability.
Negligent security assaults
Swimming pool accidents
Elevator and escalator injuries
Construction zone injuries. A construction accident lawyer handles these cases.
Dog bites. Washington law, RCW 16.08.040, makes an owner liable for a bite in a public place or when you are lawfully on private property, even if the dog never bit before. See our Seattle dog bite lawyer.
Gym, playground, and amusement park accidents
Fire and toxic chemical exposure. A burn injuries lawyer can help after a burn.
A wrongful death lawyer can help families after a fatal fall or attack.

Falls and attacks can cause traumatic brain injury, spinal cord injury, and broken bones. A broken bones lawyer can explain the full cost of your injury.

How Common Are Fall Injuries in Washington and King County?

Very common, especially for people over 65. These numbers come from health agencies, not from us. Fall deaths in older adults have risen 51% in ten years.

Measure	Figure	Source and year
Washington adults 65+ hospitalized for fall injuries	21,003	WA Department of Health, 2018
Share of fatal injuries in Washington adults 85+ caused by falls	About 75%	WA Department of Health, 2018
Washington fall death rate vs. U.S.	30% higher	WA Department of Health fact sheet, June 2020
Lifetime cost of fall injuries in Washington	$451 million	WA Department of Health, 2014
U.S. adults 65+ who died from falls	43,020	National Safety Council, 2024
Rise in older-adult fall deaths over ten years	51% (vs. 8% for people under 65)	National Safety Council

These are not rare events. Owners can prevent many of them with a mop, a light, or a repair.

What If You Were Partly at Fault?

You can still recover money. Washington uses pure comparative negligence under RCW 4.22.005. A jury lowers your award by your share of fault, but it does not bar your claim. You can recover even if you are found 99% at fault, minus that 99%. Read more about Washington’s comparative fault law.

For example, a jury finds your damages are $100,000 and you were 30% at fault. You would receive $70,000. Insurers often say “you should have watched your step.” Do not accept that before you speak to a lawyer.

How Long Do You Have to File a Premises Liability Claim?

Three years from the date you were hurt, under RCW 4.16.080. If the hazard was on government property, such as a city sidewalk or public building, you must first file a claim with that agency. You then wait 60 calendar days before you can sue, under RCW 4.96.020.

Evidence fades faster than the deadline. Video gets erased. Spills get mopped. Witnesses move. Call early.

What Is a Premises Liability Case Worth?

It depends on your injury, your medical costs, your lost income, the evidence, the insurance coverage, and your share of fault. No honest lawyer can name a number before reviewing your case.

You can recover two kinds of damages:

Economic: medical bills, future care, lost wages, lost earning power
Non-economic: pain, emotional distress, scarring, and lost enjoyment of life

Washington has no working cap on non-economic damages. The Washington Supreme Court struck down a cap in Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989). Washington does not allow punitive damages.

How Much Does a Premises Liability Lawyer Cost?

Nothing upfront. We work on contingency. You pay a fee only if we recover money for you, and we advance the costs of building your case. See our 30-day no-fee promise.

What Should You Do After You Are Hurt on Someone’s Property?

Get medical care, even if you feel fine. Some injuries show up later.
Report the fall or injury to the manager or owner. Ask for a copy of the report. Know the slip and fall reporting deadline.
Photograph the hazard, the area, and your injuries before it changes.
Get names and numbers of witnesses.
Do not give a recorded statement to the owner’s insurer.
Do not sign anything or accept a first settlement offer.
Call a premises liability attorney.

Areas We Serve in Washington State

Seattle Personal Injury Lawyer
Brier Personal Injury Lawyer
Pullman Personal Injury Lawyer

Frequently Asked Questions

Can I sue if I fell in a store I was shopping in?

Yes, if the store knew or should have known about the hazard, or if its way of doing business made the hazard likely. As a customer you are an invitee, which is the highest level of protection.

What if the owner says the floor was marked with a warning sign?

A sign can help the owner, but it does not end your claim. We look at whether the warning was enough and where it was placed.

Can I sue my landlord for an injury in a shared hallway or stairwell?

Possibly. Landlords and property managers must keep common areas reasonably safe. Liability depends on who controlled the area and what they knew.

What if I was hurt on city property?

File a claim with the agency first. Then wait 60 calendar days before filing suit, under RCW 4.96.020.

Do I need a lawyer for a small injury?

A free review costs you nothing. Insurers often pay less when you have no lawyer, so it helps to know what your claim is worth first.

Talk to a Seattle Premises Liability Lawyer Today

You should not pay for someone else’s unsafe property. Elsner Law Firm helps seniors, families, renters, shoppers, and workers across Washington. We handle the insurer, so you can heal.

Ask for your free case review today. Call (206) 447-1425, text us, or book online. We are here day and night, and you owe nothing unless we win.

Get in touch today. Your Seattle premises liability lawyer is ready to help.