Slipped on a wet floor at a store? Tripped on a broken sidewalk? Fell due to poor lighting or unmarked hazards? When property owners fail to maintain safe conditions, they can be held liable for your injuries. At Schodowski Law, we fight for slip and fall victims throughout Port Townsend and Jefferson County.

Free Consultation | No Fees Unless We Win | Experienced Premises Liability Attorney


Introduction

Slip and fall accidents might sound minor, but they can result in devastating injuries—broken bones, traumatic brain injuries, spinal cord damage, and more. What makes these cases particularly challenging is that property owners and their insurance companies often try to blame the victim rather than accept responsibility for dangerous conditions.

At Schodowski Law, we’ve helped numerous slip and fall victims in Port Townsend and throughout Jefferson County recover the compensation they deserve. We understand Washington’s premises liability laws, we know how to prove negligence, and we’re committed to holding property owners accountable for unsafe conditions.

Don’t let anyone tell you that your fall was “your fault.” Let us evaluate your case—the consultation is free, and you pay nothing unless we win.


What Is Premises Liability?

Premises liability is the legal principle that property owners have a duty to maintain reasonably safe conditions for visitors. When they fail in this duty and someone gets hurt, they can be held financially responsible for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Permanent disability
  • Other damages

In Washington, property owners—whether residential, commercial, or government entities—must:

✓ Regularly inspect their property for hazards
✓ Fix dangerous conditions or provide adequate warnings
✓ Use reasonable care to keep visitors safe
✓ Meet building codes and safety standards


Common Causes of Slip and Fall Accidents

Wet or Slippery Surfaces

  • Freshly mopped floors without warning signs
  • Spills in grocery stores or restaurants
  • Rain or snow tracked inside entrances
  • Polished floors that are excessively slippery

Uneven or Damaged Flooring

  • Cracked or broken sidewalks
  • Torn carpeting or loose floorboards
  • Uneven transition between surfaces
  • Potholes in parking lots

Poor Lighting

  • Dimly lit stairways or hallways
  • Inadequate exterior lighting in parking areas
  • Broken or missing light fixtures

Stairs and Handrails

  • Missing or loose handrails
  • Damaged or uneven steps
  • Lack of non-slip treads
  • Inadequate signage for steps

Weather-Related Hazards

  • Failure to clear snow and ice from walkways
  • Lack of salt or sand on icy surfaces
  • Inadequate drainage causing puddles

Cluttered Walkways

  • Obstacles in aisles or pathways
  • Extension cords across walking areas
  • Merchandise blocking paths
  • Construction debris

Defective Conditions

  • Broken tiles or bricks
  • Loose mats or rugs
  • Unmarked changes in elevation
  • Deteriorating wooden decks or stairs

Where Do Slip and Fall Accidents Happen?

We’ve handled slip and fall cases at various Port Townsend and Jefferson County locations:

Retail Stores and Supermarkets

  • Wet floors from spills or cleaning
  • Merchandise left in aisles
  • Inadequate lighting

Restaurants and Bars

  • Grease on kitchen floors
  • Wet restroom floors
  • Spilled drinks

Hotels and Lodging

  • Slippery lobby or pool areas
  • Poorly maintained stairs
  • Icy parking lots

Apartment Buildings and Condos

  • Broken stairs or railings
  • Inadequate lighting in common areas
  • Unmaintained walkways

Office Buildings

  • Slippery entrance areas during rain
  • Loose carpeting
  • Inadequate warnings during maintenance

Public Property

  • Broken sidewalks
  • Icy government building entrances
  • Poorly maintained parks and facilities

Private Residences

  • Defective stairs or decks
  • Icy driveways without treatment
  • Unmaintained walkways

Property Owner Responsibilities in Washington

Washington law establishes different duties based on your status as a visitor:

Invitees (Customers, Business Visitors)

Property owners owe the highest duty of care to invitees—people invited onto the property for the owner’s benefit (like customers in a store).

Owners must:

  • Regularly inspect for hazards
  • Repair dangerous conditions promptly
  • Warn of dangers that can’t be immediately fixed
  • Anticipate foreseeable risks

Licensees (Social Guests)

For licensees—people with permission to be on the property for their own purposes (like social guests)—owners must:

  • Warn of known dangerous conditions
  • Not willfully create hazards

Trespassers

Property owners generally owe no duty to trespassers, with exceptions for:

  • Child trespassers (attractive nuisance doctrine)
  • Known trespassers in specific areas
  • Discovered trespassers

Most slip and fall cases involve invitees or licensees, where the property owner has substantial responsibilities.


Common Slip and Fall Injuries

Slip and fall accidents can cause serious injuries, including:

Fractures and Broken Bones

  • Hip fractures (especially dangerous for elderly victims)
  • Wrist and arm fractures from catching yourself
  • Ankle and leg fractures
  • Spinal fractures

Head and Brain Injuries

  • Concussions and traumatic brain injury (TBI)
  • Skull fractures
  • Bleeding in or around the brain
  • Long-term cognitive impairment

Spinal Cord Injuries

  • Herniated or bulging discs
  • Nerve damage
  • Partial or complete paralysis
  • Chronic back pain

Soft Tissue Injuries

  • Sprains and strains
  • Torn ligaments or tendons
  • Muscle damage

Cuts and Lacerations

  • From broken glass or sharp edges
  • May require stitches or leave permanent scars

Many of these injuries require extensive medical treatment, surgery, physical therapy, and can result in permanent disability.


Proving Your Slip and Fall Case

To succeed in a Washington slip and fall case, we must prove:

1. The Property Owner Knew or Should Have Known About the Hazard

  • Actual knowledge: The owner was aware of the dangerous condition
  • Constructive knowledge: The condition existed long enough that a reasonable inspection would have discovered it

2. The Property Owner Failed to Take Reasonable Action

  • Did not fix the hazard
  • Did not provide adequate warning
  • Created the dangerous condition

3. The Dangerous Condition Caused Your Fall

  • Clear causal link between the hazard and your accident

4. You Suffered Actual Damages

  • Medical bills, lost wages, pain and suffering, etc.

Evidence We’ll Gather:

  • Incident reports filed with the property owner
  • Photos and videos of the scene
  • Witness statements
  • Maintenance and inspection records
  • Surveillance footage (we’ll act quickly to preserve this)
  • Your medical records
  • Expert testimony (safety experts, medical experts)

Why Property Owners Deny Slip and Fall Claims

Insurance companies and property owners often use these tactics to avoid liability:

“You Should Have Watched Where You Were Going” They’ll try to blame you for not paying attention. However, property owners can’t escape liability by claiming you should have seen an obvious hazard—especially if they created it or failed to fix it.

“The Condition Was ‘Open and Obvious'” Washington law does consider whether a hazard was obvious, but property owners still have duties even for obvious conditions in many circumstances.

“You Were Partially at Fault” Washington uses comparative negligence, meaning you can recover damages even if you were partially at fault. Your recovery is simply reduced by your percentage of fault.

“We Didn’t Know About the Hazard” They’ll claim they couldn’t have known about the dangerous condition. That’s why we investigate how long the hazard existed and whether reasonable inspections would have discovered it.

“You Weren’t Injured That Badly” Insurance companies minimize injuries to reduce payouts. That’s why thorough medical documentation is critical.

Don’t let these tactics intimidate you. We know how to counter every defense strategy.


Washington’s Statute of Limitations

You have 3 years from the date of your slip and fall to file a lawsuit in Washington. However:

  • Evidence disappears quickly (surveillance footage is often deleted after 30-90 days)
  • Witnesses’ memories fade
  • Property conditions may be repaired (eliminating evidence)
  • Medical records are easier to obtain when recent

Don’t wait. Contact us immediately after your accident for the best chance of success.

Special Note for Government Property: If you fell on government property (city sidewalk, county building, state park), you must file a claim within 120 days. These cases have much stricter deadlines.


Compensation Available in Slip and Fall Cases

Washington law allows you to recover:

Economic Damages

  • Medical Expenses: Emergency care, surgery, hospitalization, physical therapy, medications, future medical care
  • Lost Wages: Income lost during recovery, including future earning capacity if permanently disabled
  • Rehabilitation Costs: Physical therapy, occupational therapy, assistive devices
  • Home Modifications: Wheelchair ramps, grab bars, accessible bathrooms if needed

Non-Economic Damages

  • Pain and Suffering: Physical pain and emotional distress
  • Loss of Enjoyment of Life: Inability to participate in activities you once enjoyed
  • Emotional Distress: Anxiety, depression, PTSD from the accident
  • Disfigurement or Scarring: Permanent visible injuries
  • Loss of Consortium: Impact on your relationship with your spouse

The value of your case depends on factors like:

  • Severity of your injuries
  • Extent of property owner negligence
  • Your age and health before the accident
  • Impact on your quality of life
  • Available insurance coverage

What Damages Can You Recover?

Settlement values vary widely based on injury severity and circumstances:

Minor injuries (sprains, bruises): $5,000 – $15,000
Moderate injuries (fractures requiring surgery): $25,000 – $100,000
Severe injuries (TBI, spinal injuries, permanent disability): $100,000 – $1,000,000+

During your free consultation, we’ll evaluate your specific case and provide a realistic assessment of its value.


Steps to Take After a Slip and Fall

Protect your rights and your case by taking these steps:

Immediately After Your Fall

1. Report the Incident

  • Tell the property owner, manager, or employee immediately
  • Ask them to fill out an incident report
  • Get a copy for your records
  • If they refuse to document it, take notes yourself

2. Document the Scene

  • Take photos of the hazard that caused your fall
  • Photograph the surrounding area and lighting conditions
  • Take photos of your injuries
  • Get photos of your clothing if torn or soiled

3. Gather Witness Information

  • Get names and contact information for anyone who saw your fall
  • Ask witnesses to write down what they saw
  • Don’t rely on the property owner to get witness statements

4. Preserve Evidence

  • Keep the shoes you were wearing
  • Don’t wash clothing that was damaged
  • Save any torn items

Within 24 Hours

5. Seek Medical Attention

  • See a doctor immediately, even if you feel fine
  • Some injuries (like head trauma) don’t show immediate symptoms
  • Medical records are crucial evidence
  • Follow all treatment recommendations

6. Write Down What Happened

  • While it’s fresh in your mind, write a detailed account
  • Include time, location, weather, what you were doing, how you fell
  • Note anything you remember about the hazard

As Soon as Possible

7. Keep All Records

  • Medical bills and records
  • Prescription receipts
  • Physical therapy documentation
  • Lost wage statements from your employer

8. Don’t Give Statements

  • Don’t speak to the property owner’s insurance company
  • Don’t sign anything without consulting an attorney
  • Politely decline recorded statements

9. Contact Schodowski Law

  • Call us for a free consultation
  • We’ll protect your rights from day one
  • The sooner we start building your case, the better

Frequently Asked Questions

What if I slipped on snow or ice?

Property owners in Washington have a duty to maintain safe walkways, including clearing snow and ice or providing warnings. However, they have a “reasonable time” to address natural accumulations. We’ll investigate whether they met their duty of care given the circumstances.

Can I sue if I fell at a friend’s house?

Yes, though many people feel uncomfortable doing so. Remember, you’re actually claiming against their homeowner’s insurance, not suing your friend personally. Their premiums typically won’t increase for a legitimate claim.

What if the property owner says I was trespassing?

Property owners generally owe no duty to trespassers. However, there are exceptions, especially if you had implied permission to be there or the property had an “attractive nuisance” that drew you in. We’ll need to review the specific circumstances.

Do I have a case if there was a warning sign?

Maybe. A simple “Wet Floor” sign isn’t always enough to protect the property owner from liability, especially if the hazard was still unreasonably dangerous or the warning was inadequate. We’ll evaluate whether the warning was sufficient given the circumstances.

What if I’m elderly or have a pre-existing condition?

Property owners must account for all foreseeable visitors, including elderly people and those with mobility issues. A hazard that might not hurt a young, able-bodied person could be devastating to someone who is elderly or disabled. Pre-existing conditions don’t disqualify you from recovering damages.

How much is my case worth?

Case value depends on injury severity, medical costs, lost wages, degree of property owner negligence, and available insurance. We’ll give you a realistic assessment during your free consultation.

Will my case go to trial?

Most slip and fall cases settle without trial. However, we’re fully prepared to go to court if the insurance company won’t offer fair compensation.

What if I was partially at fault?

Washington uses comparative negligence, so you can recover damages even if you were partially at fault. Your compensation is simply reduced by your percentage of fault. For example, if you’re found 20% at fault, you’ll recover 80% of total damages.

How long do I have to file a claim?

Washington’s statute of limitations is 3 years from the accident date. However, claims against government entities require notice within 120 days. Don’t wait—evidence disappears quickly.

What if the property owner blames the weather?

Property owners can’t simply blame natural conditions. They have a duty to reasonably address weather-related hazards like ice, snow, or water accumulation. We’ll investigate whether they met this duty.

Can I still file a claim if I didn’t report the accident immediately?

It’s harder but not impossible. Delayed reporting makes the case more challenging because the property owner will question whether the accident actually happened. If you didn’t report it, contact us immediately—we may still be able to build a strong case.

What if I signed something at the store after my fall?

Bring it to us immediately. Some property owners try to get victims to sign releases or waivers. These may not always be enforceable, especially if you were injured, in pain, or not given time to review the document.


Why Choose Schodowski Law?

Local Knowledge As Port Townsend residents, we know the local businesses, government properties, and common hazards in our community. We’re not outsiders—we live here and we’re invested in making our community safer.

Experience with Washington Premises Liability Law We understand the complexities of Washington’s premises liability statutes and how courts in Jefferson County interpret them.

Personalized Attention You’ll work directly with experienced attorneys, not paralegals. We limit our caseload to give each client the attention they deserve.

No Upfront Costs You pay nothing unless we win. We handle all case expenses and only collect our fee from your settlement or verdict.

Proven Results We’ve helped numerous slip and fall victims recover fair compensation for their injuries.


Serving Port Townsend and Jefferson County

Schodowski Law represents slip and fall victims throughout:

  • Port Townsend
  • Port Ludlow
  • Port Hadlock
  • Quilcene
  • Chimacum
  • Brinnon
  • All of Jefferson County
  • Olympic Peninsula

We’re familiar with local businesses, properties, and government entities throughout our service area.


Contact Us Today

If you’ve been injured in a slip and fall accident, don’t assume it was your fault. Property owners have legal responsibilities to maintain safe conditions. Let us evaluate your case—the consultation is free and confidential.

Call now: (360) 821-8873

  • Free case evaluation
  • No obligation
  • No fees unless we win
  • Available to meet at your location if you’re unable to travel