Who is at Fault? Slip and Fall Accidents in Kent, Washington

Posted Friday, June 23, 2023 by Chris Thayer

After a slip and fall accident on someone’s property in Kent, Washington, it is often a good idea to understand your legal options for getting compensation for serious injury.

*Comparative Fault Rules in Washington*In personal injury cases, one big question often emerges: “Who is at Fault?”

Different states take unique approaches to what is called comparative fault. Washington state law is known as “pure comparative negligence.” This approach means that if a percentage of fault is attributed to you, the amount of damages you may recover will be reduced by the same percentage.

For example, If you recover $20,00 and a judge or jury determines that your fault for the incident was 20%, your recovery would be reduced to $16,000.

*How Comparative Fault Works in Court*If your personal injury case goes to court, applying the comparative negligence rule is required by law.

A judge is required to take this into account. A judge must apply the percentage of fault in awarding damages.

*Shared Fault in Settlement Negotiations*In many cases, cases are settled out of court, in injury settlement negotiations. An insurance adjuster may also raise the issue of shared fault.

*How Property Owners Defend Against Fault in Kent*It can be helpful to understand defense strategies as property owners often argue that a slip and fall is not their full responsibility.

A building owner or store manager may defend themselves vigorously against a claim by relying on one or more of several common defenses, including:

Distract - ion. Visitors or shoppers were not looking where they were going. This can often be the case if people are preoccupied with a cell phone, texting, or other activities such as tending to a crying child. - Obvious conditions. Visitors should have recognized that dangerous conditions were hard to miss or obvious. For instance, a wet floor was wet and slippery. - Warnings were posted but ignored. In some cases, a dangerous area was marked or sectioned off with tape or a rope, but despite posted warnings, people went into the area.Improper footwear. A person may have walked on a slippery surface with improper shoes or without the required footwear.

The general idea to keep in mind is that fault may not be entirely on the property owner. In cases where the accident had contributing factors, a judge, jury, or insurer will examine the evidence. This is where comparative fault comes into play.

*Slip and Fall Statute of Limitations in Kent Washington*A statute of limitations is a law that governs the amount of time you have to have a lawsuit heard. In Washington, slip-and-fall lawsuits fall under a larger code of personal injury suits.

The bottom line is that according to the Revised Code of Washington, section 4.16.080, you have three years from the date of the incident to file the initial complaint in court.

*Count on a Skilled King County Attorney*For a free consultation with an experienced personal injury attorney in Kent, contact Pivotal Law Group, PLLC. You can schedule a visit virtually, at home, at a hospital, as well at our offices in Washington State. The sooner you get in touch, the sooner we can begin fighting for justice.