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  • About Us
    • Our Firm
    • Results
    • Community Involvement
  • Our Team
    • Attorney Zach Herschensohn
    • Attorney Robert Fulton
    • Attorney Chelsea Hicks
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Workplace Injury
      • Maritime Accidents
      • FELA Accidents
    • Slip and Falls
    • Dangerous Drugs
    • Sex Abuse
    • Medical Malpractice
  • Resources
    • Blog
    • Media
    • Podcast
    • Testimonials
    • FAQ
    • Press
  • Areas We Serve
    • Kent, WA
    • Seattle, WA
    • Ellensburg, WA
    • Graham, WA
    • Chehalis, WA
  • Contact
  • About Us
    • Our Firm
    • Results
    • Community Involvement
  • Our Team
    • Attorney Zach Herschensohn
    • Attorney Robert Fulton
    • Attorney Chelsea Hicks
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Workplace Injury
      • Maritime Accidents
      • FELA Accidents
    • Slip and Falls
    • Dangerous Drugs
    • Sex Abuse
    • Medical Malpractice
  • Resources
    • Blog
    • Media
    • Podcast
    • Testimonials
    • FAQ
    • Press
  • Areas We Serve
    • Kent, WA
    • Seattle, WA
    • Ellensburg, WA
    • Graham, WA
    • Chehalis, WA
  • Contact
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Seattle Slip and Fall Lawyer

  1. Seattle Slip and Fall Lawyer
  2. Why Choose Herschensohn Law for Your Seattle Slip and Fall Case
  3. Understanding Slip and Fall Accidents in Seattle
  4. Washington’s Premises Liability Law
  5. What Your Slip and Fall Case Is Worth
  6. Washington’s Comparative Fault Law
  7. Dealing With Insurance Companies After a Slip and Fall
  8. Steps to Take After a Slip and Fall Accident in Seattle
  9. The Legal Process for Slip and Fall Cases
  10. Washington’s Statute of Limitations for Slip and Fall Cases
  11. Frequently Asked Questions About Seattle Slip and Fall Cases
  12. Why Acting Quickly Matters
  13. About Herschensohn Law
  14. Contact Herschensohn Law Today

Seattle Slip and Fall Lawyer

You were just walking. Going about your day. Then suddenly your feet went out from under you and you hit the ground hard. Maybe it was a wet floor at a grocery store. A broken step at an apartment building. Ice on a sidewalk that should have been cleared. Whatever caused your fall, the pain is real and the bills are piling up.

Slip and fall accidents might sound minor to people who haven’t experienced them. But we know better. These falls cause serious injuries. Broken bones. Head trauma. Spinal damage. Injuries that require surgery, months of physical therapy, and time away from work. And here’s what makes it worse: property owners and their insurance companies will do everything possible to blame you for falling.

If you’ve been injured in a slip and fall accident in Seattle, our team at Herschensohn Law understands what you’re facing. The physical pain from your injuries. The financial stress of medical bills and lost wages. The insurance adjusters are already looking for ways to deny your claim. We’re here to hold negligent property owners accountable and fight for the compensation you deserve.

Why Choose Herschensohn Law for Your Seattle Slip and Fall Case

Slip and fall cases are more complex than most people realize. They require proving not just that you fell, but that the property owner knew or should have known about the hazard and failed to fix it or warn you. Insurance companies exploit this complexity to deny legitimate claims.

We understand premises liability law. Slip and fall cases fall under premises liability, which has its own set of legal standards and requirements. We know what evidence is needed to prove a property owner’s negligence and how to counter the defenses insurance companies typically raise.

Our results prove our capability. We’ve recovered substantial compensation for clients injured on dangerous properties, including a $500,000 settlement in a dangerous premises wrongful death case. We know how to prove the value of these claims even when insurance companies try to minimize them.

We counter victim-blaming tactics. Insurance companies always try to blame the victim in slip and fall cases. They’ll claim you weren’t watching where you were going. That the hazard was obvious. That you were wearing improper footwear. We aggressively challenge these arguments with evidence and expert testimony.

You can reach us anytime. We offer 24/7 live call answering at (206) 338-4175. Falls can happen at any time, and you shouldn’t have to wait until business hours to protect your rights. Our Seattle office at 1918 1st Ave N is convenient to injury victims throughout the metro area, and we maintain five locations across Washington State.

⭐⭐⭐⭐⭐ “We are so happy that we chose the Herschensohn Law Firm to represent us with my son’s accident. From first contact with them, we felt confident with their abilities and expertise. They walked us through the case so we knew what to expect and what the timeline would be. Their experience and customer care are unmatched. We worked with Zach and Crystal on our case and they were always quick to respond to any questions we had. Thanks Zach to you and your great team!” – Alex Zahajko

Understanding Slip and Fall Accidents in Seattle

Seattle’s weather creates unique hazards for pedestrians. The constant rain means wet surfaces everywhere. Fallen leaves become slippery when wet. Morning frost on stairs and walkways. Snow and ice during winter months that property owners fail to clear. All of these create dangerous conditions that lead to serious falls.

But weather isn’t the only culprit. Seattle’s aging infrastructure, constant construction, and mix of old and new buildings create numerous hazards. Uneven sidewalks. Broken stairs. Inadequate lighting. Poor maintenance. These hazards exist year-round and property owners have a legal duty to address them.

According to the CDC, falls are a leading cause of injury-related deaths and the most common cause of nonfatal injuries. While many falls happen at home, slip and falls on commercial and public properties often result from preventable hazards that property owners neglected to fix.

Common Causes of Slip and Fall Accidents in Seattle

Most slip and fall accidents we see in Seattle involve property owner negligence. These aren’t just accidents. They’re preventable incidents that happen because someone failed to maintain their property safely.

Wet and slippery floors. This is the most common cause. Grocery stores and retail shops with wet floors from rain tracked in. Restaurants with spills that aren’t cleaned promptly. Building lobbies with inadequate mats during rainy weather. Property owners must either clean up hazards quickly or warn customers about them.

Uneven walking surfaces. Cracked sidewalks. Potholes in parking lots. Transitions between different flooring materials that create tripping hazards. Loose floorboards or carpeting. Seattle’s frequent freeze-thaw cycles worsen pavement problems, and property owners who fail to repair these hazards create serious risks.

Poor lighting. Parking garages with burnt-out lights. Stairwells that are too dark to see steps clearly. Exterior walkways without adequate illumination. Inadequate lighting makes it impossible to see hazards that might otherwise be avoidable.

Defective stairs and handrails. Broken steps. Loose or missing handrails. Stairs with inconsistent riser heights. These violations of building codes cause serious falls, especially for elderly visitors. When property owners fail to maintain stairs properly, people get hurt.

Weather-related hazards. Ice and snow on walkways and parking lots. Leaves that become slippery when wet. Rainwater pooling on walking surfaces. Property owners must address weather-related hazards through snow removal, leaf cleanup, and proper drainage. Seattle weather creates these conditions regularly, so property owners can’t claim surprise.

Cluttered walkways. Merchandise in aisles. Boxes in hallways. Extension cords across walking paths. Construction materials blocking exits. Property owners must keep walkways clear of obstacles and ensure customers can move through spaces safely.

Recently cleaned floors. Freshly mopped floors without warning signs. Waxed surfaces that haven’t dried. Maintenance work done during business hours without proper barriers. Property owners who clean during operating hours must warn customers about slippery conditions.

Torn or bunched carpeting. Loose carpet edges. Rugs that slide on smooth floors. Carpeting coming up from tack strips. These hazards often hide in plain sight until someone’s foot catches and they fall hard.

Common Locations for Slip and Fall Accidents in Seattle

Certain types of properties see higher rates of slip and fall accidents.

Grocery stores and retail shops. High foot traffic, frequent spills, and produce sections where items fall to the floor create constant hazards. The pressure to keep stores open during business hours means cleaning must happen while customers are present, increasing risks.

Restaurants and bars. Kitchen grease on floors. Spilled drinks. Wet floors near restrooms. The combination of food service and alcohol service creates numerous slipping hazards that must be addressed promptly.

Apartment buildings and condos. Common areas like lobbies, hallways, and parking garages. Stairs with poor lighting or broken handrails. Exterior walkways that aren’t properly maintained. Landlords have a duty to keep these common areas safe for tenants and guests.

Office buildings. Polished marble floors in lobbies that become slick when wet. Parking garages with poor lighting and uneven surfaces. Elevator lobbies where rain gets tracked in. Building owners must address these hazards even though they don’t control individual tenant spaces.

Parking lots and garages. Potholes. Cracked pavement. Poor drainage causing water to pool. Inadequate lighting. Oil and fluid leaks. These hazards cause falls and also contribute to vehicle-pedestrian accidents.

Public sidewalks. While cities typically maintain public sidewalks, adjacent property owners may have maintenance responsibilities under Seattle municipal code. Determining who’s responsible for sidewalk maintenance can be complex and requires legal analysis.

Construction sites. Debris in walkways. Uneven surfaces. Inadequate barriers around hazardous areas. Poor lighting. Construction sites create numerous fall hazards, and contractors must protect both workers and the public.

Common Slip and Fall Injuries

Don’t let anyone minimize your injuries because “it was just a fall.” Slip and fall accidents cause serious, life-altering injuries that deserve full compensation.

Broken bones. Hip fractures are particularly common and serious, especially for older adults. Wrist and arm fractures from trying to catch yourself. Ankle fractures. Leg fractures. These injuries require surgery, lengthy recovery periods, and sometimes leave permanent limitations.

Head injuries and traumatic brain injuries. When your head hits concrete, tile, or another hard surface, the results can be catastrophic. Concussions. Skull fractures. Brain bleeds. Even “mild” traumatic brain injuries can cause lasting cognitive problems, personality changes, and chronic headaches.

Spinal cord injuries. Falls can cause herniated discs, compression fractures, and in severe cases, paralysis. Back and neck injuries often require extensive treatment and may never fully heal. Our firm recovered a $2,700,000 jury verdict for a woman with permanent back injuries, demonstrating how seriously these injuries impact lives.

Shoulder injuries. Rotator cuff tears. Dislocated shoulders. Broken collarbones. Shoulder injuries often require surgery and lengthy physical therapy. We secured $700,000 for a client who suffered a torn rotator cuff, showing the significant impact these injuries have on daily functioning.

Soft tissue injuries. Torn ligaments and tendons. Muscle strains. While insurance companies try to minimize these injuries, they can be debilitating and long-lasting. Soft tissue injuries may not show up on X-rays but cause real pain and functional limitations.

Psychological trauma. Many fall victims develop anxiety about walking in public places. Fear of falling again. PTSD from the traumatic incident. These psychological impacts deserve recognition and compensation.

Washington’s Premises Liability Law

Property owners in Washington have a legal duty to keep their premises reasonably safe for visitors. The specific duty depends on your status as a visitor, but in most slip and fall cases, you’re either an invitee (someone invited onto the property for business purposes) or a licensee (someone with permission to be there).

For invitees, property owners must inspect their premises for hazards, fix dangerous conditions, or provide adequate warnings. This is the highest duty of care. Most slip and fall victims in retail stores, restaurants, and other businesses are invitees.

To win a premises liability case, we must prove four elements: the property owner owed you a duty of care, they breached that duty by failing to maintain the property safely or warn you of hazards, their breach caused your fall, and you suffered damages as a result.

The legal rights you have after a slip and fall include compensation for medical expenses, lost wages, pain and suffering, and other damages. But exercising those rights requires proving the property owner’s negligence.

The “Notice” Requirement

One of the biggest challenges in slip and fall cases is proving the property owner had notice of the hazard. This comes in two forms:

Actual notice means the property owner knew about the hazard. Maybe an employee saw a spill and didn’t clean it up. Or maintenance staff were aware of a broken handrail but hadn’t fixed it. Proving actual notice often requires witness testimony or documentation.

Constructive notice means the hazard existed long enough that the property owner should have known about it through reasonable inspections. If a spill sat on the floor for two hours, the property owner should have discovered and addressed it during routine inspections. The condition of the hazard often indicates how long it existed.

Insurance companies will argue they had no notice of the hazard. They’ll claim the spill just happened. That the defect wasn’t visible. That you’re the first person to report the problem. We counter these arguments with investigation, witness interviews, and sometimes surveillance footage that proves otherwise.

What Your Slip and Fall Case Is Worth

The value of your case depends on the severity of your injuries, the clarity of the property owner’s negligence, and the impact on your life. Washington law allows recovery for both economic and non-economic damages.

Economic damages include all past and future medical expenses from emergency room visits through surgery and rehabilitation, lost wages from time you couldn’t work while recovering, loss of earning capacity if injuries prevent you from returning to your career, out-of-pocket expenses for medications, medical equipment, and transportation to appointments, and costs of home modifications if disabilities require accessibility changes.

Non-economic damages compensate for physical pain and suffering from your injuries, emotional distress and mental anguish, loss of enjoyment of life and inability to participate in activities you previously enjoyed, permanent disability or disfigurement, and loss of consortium for spouses whose relationships are affected.

Our firm has recovered substantial compensation for slip and fall victims, including that $500,000 settlement in a dangerous premises wrongful death case. We know how to prove the full value of these claims despite insurance companies’ attempts to minimize them.

Here’s what you need to understand about slip and fall case values. Insurance companies assume these cases are worth less than other injury claims. They think juries blame victims for not watching where they’re going. They rely on this bias to offer inadequate settlements. We don’t accept that. We prove liability through evidence and expert testimony, and we demonstrate the true impact of your injuries through comprehensive medical documentation.

Washington’s Comparative Fault Law

Washington follows a pure comparative negligence system under RCW 4.22.005. This is particularly important in slip and fall cases because insurance companies always try to blame the victim.

Under comparative negligence, you can recover damages even if you were partially at fault. Your recovery is just reduced by your percentage of fault. If you’re found 30% at fault for not watching where you were going, and your damages total $200,000, you’d recover $140,000.

Insurance companies will argue you were mostly or entirely at fault. They’ll claim the hazard was obvious. That you weren’t paying attention. That you were walking too fast. That you were distracted by your phone. That you were wearing inappropriate footwear. Every slip and fall case involves these arguments.

We counter victim-blaming by proving the hazard wasn’t obvious or avoidable, showing you were walking normally and paying reasonable attention, demonstrating the property owner’s negligence created an unreasonably dangerous condition, and using expert testimony about visibility, lighting, and human factors.

The key is minimizing fault attributed to you while proving the property owner’s negligence was the primary cause of your fall and injuries.

Dealing With Insurance Companies After a Slip and Fall

Property owners carry premises liability insurance specifically for slip and fall claims. These insurance companies are sophisticated and aggressive in denying legitimate claims.

Common Insurance Company Tactics

Immediate denial of liability. They’ll claim their insured had no notice of the hazard. That the condition was open and obvious. That you should have seen it and avoided it. They deny first and investigate later, hoping you’ll give up.

Blaming the victim. They’ll argue you were distracted, not watching where you were going, or walking in an unsafe manner. They’ll scrutinize what you were wearing, whether you were carrying anything, and whether you were looking at your phone. Anything to shift blame onto you.

Minimizing injuries. Adjusters will argue your injuries aren’t severe or aren’t related to the fall. They’ll point to pre-existing conditions. They’ll claim you would have developed the same problems anyway due to age or prior injuries. They’ll send you to their doctors who predictably conclude you’re fine.

Demanding recorded statements. They’ll call shortly after your fall asking you to describe what happened. What they’re really doing is looking for any inconsistency or admission they can use to deny your claim. “I wasn’t really paying attention” becomes proof you caused your own fall.

Surveillance. Insurance companies regularly conduct video surveillance of slip and fall claimants. They’ll film you walking, bending, reaching, or doing daily activities and argue these activities prove you’re not really injured. That video of you grocery shopping becomes “evidence” you’ve recovered.

Delay tactics. They’ll request endless documentation. Lose paperwork. Drag out investigations. They know medical bills are piling up and hope financial pressure forces you to accept inadequate settlements.

Low initial offers. When they do make offers, they’re typically far below the actual value of your claim. They assume you don’t know what your case is worth and hope you’ll accept quick money to resolve financial stress.

⭐⭐⭐⭐⭐ “I contacted Herschensohn Law Firm due to a minor auto accident. He and his legal staff promptly returned my call and gave me the direction I needed for my situation. They were very helpful and assisted me with the utmost respect and understanding. I very much appreciated their advice and I am glad that I called him. If you are uncertain where to begin, call Herschensohn. If other lawyers have been less than responsive, call Herschensohn. Do not hesitate to call Mr. Herschensohn. You will not be disappointed.” – David K. Baker

How We Protect Your Rights

We protect slip and fall victims from insurance company tactics by taking control of the case from day one. Once you hire us, insurers must contact us directly. You don’t have to deal with their loaded questions and manipulation.

Our approach includes immediate investigation of the accident scene before evidence disappears, obtaining any surveillance footage from the property before it’s overwritten, interviewing witnesses while memories are fresh, photographing the hazard that caused your fall, reviewing the property owner’s inspection and maintenance records, consulting with experts in premises liability, human factors, and accident reconstruction, and comprehensive medical documentation that proves the extent and cause of your injuries.

We also understand that timing matters. Evidence disappears quickly. Property owners fix hazards after accidents to avoid future liability. Witnesses become unavailable. The sooner we can investigate and preserve evidence, the stronger your case becomes.

Insurance companies know we’re serious. Our track record of trial success means they can’t simply deny claims and hope we go away. When they see our name on a demand letter, they know we’re prepared to take cases to trial if necessary.

⭐⭐⭐⭐⭐ “If you are in need of a personal injury lawyer who will go above and beyond for you, you couldn’t do much better than Hershensohn Law. Zach and his team will go the distance to make sure that you feel supported in the process. Between their in office team and their network of other amazing professionals, they’ve got your back. I could not be more grateful for all the help I received during my accident case from this amazing group of people.” – Erin Wood

Steps to Take After a Slip and Fall Accident in Seattle

What you do immediately after falling significantly impacts your ability to recover compensation. These first actions are critical.

At the Scene of the Fall

Report the fall immediately. Tell the property owner, manager, or employees about your fall right away. Insist they document it in an incident report. Get a copy if possible. If they refuse to give you a copy, at least get the name of the person who took the report and note the date and time.

Identify the hazard. Note exactly what caused you to fall. Was it water on the floor? A broken step? Poor lighting? Be as specific as possible. This isn’t always easy when you’re injured and shaken, but it’s important.

Take photographs. Use your phone to photograph the hazard from multiple angles. Photograph the surrounding area to show lighting conditions and lack of warning signs. Take wide shots showing context and close-ups showing details. If you’re too injured to do this yourself, ask someone to help you.

Get witness information. Anyone who saw your fall or saw the hazard before you fell is a crucial witness. Get their names and contact information. Don’t rely on the property owner to do this. They may not preserve witness information that helps your case.

Document the scene. Note the weather conditions, lighting, what you were doing before you fell, what you were wearing (especially shoes), and any other relevant details. Memory fades quickly, so write these down as soon as possible.

Don’t minimize your injuries. When the property owner asks if you’re okay, don’t say you’re fine even if you feel okay in the moment. Adrenaline masks pain. Some serious injuries don’t manifest symptoms immediately. Simply state that you’re injured and need medical attention.

Don’t sign anything. Property owners sometimes try to get injured people to sign incident reports that contain liability waivers or releases. Don’t sign anything beyond acknowledging the basic facts of when and where you fell.

In the Hours and Days Following Your Fall

Seek immediate medical attention. Go to the emergency room or urgent care even if you think your injuries are minor. Some serious conditions like head injuries, internal injuries, or fractures may not be immediately apparent. Delayed medical treatment gives insurance companies ammunition to argue you weren’t really hurt.

Follow all medical advice. Attend every appointment. Complete all prescribed therapy. Take medications as directed. Gaps in treatment allow insurance companies to claim you’ve recovered or that your injuries aren’t serious.

Preserve evidence. Keep the shoes and clothing you were wearing. Don’t wash them. Stains, wear patterns, and damage can provide evidence about the fall and your injuries. If anything was damaged in the fall (phone, glasses, jewelry), keep those items too.

Document your injuries. Take photos of bruises, cuts, swelling, and any visible injuries. Continue photographing as injuries heal to show progression. Keep a daily journal of your pain levels, functional limitations, and how injuries affect your daily life.

Keep all receipts and records. Save medical bills, prescription receipts, parking receipts from medical appointments, and documentation of wages lost. Track every penny you spend related to your injuries.

Avoid social media. Don’t post about your fall, your injuries, or your activities. Make your profiles private. Insurance companies monitor social media looking for anything to use against you. That photo of you at a family gathering becomes “proof” you’re not really injured.

Don’t give recorded statements. Insurance adjusters will call asking for your version of events. Politely decline and tell them your attorney will contact them. Even innocent statements can be twisted against you.

Contact an attorney quickly. Evidence disappears fast in slip and fall cases. Property owners fix hazards after accidents. Surveillance footage gets overwritten. Witnesses become unavailable. The sooner we can investigate, the stronger your case becomes. Learn more about avoiding common mistakes in personal injury cases by contacting us early.

The Legal Process for Slip and Fall Cases

Understanding what to expect reduces anxiety as your case progresses. While every case is unique, most follow this general path.

Step 1: Free Consultation

We offer free, no-obligation consultations at all five Washington locations or by phone. During this meeting, we’ll review how and where you fell, discuss your injuries and medical treatment, evaluate the property owner’s potential liability, explain your legal rights under Washington premises liability law, and answer all your questions about the process.

There’s no pressure. No cost. Just honest evaluation of your case and guidance on the best path forward.

Step 2: Investigation and Evidence Gathering

Once you hire us, we immediately begin building your case. This includes conducting a detailed inspection of the accident scene, obtaining any surveillance footage before it’s deleted, interviewing witnesses who saw your fall or the hazard, photographing the hazard and surrounding conditions, requesting the property owner’s inspection and maintenance records, reviewing incident reports and any internal communications about the hazard, consulting with premises liability experts, and gathering all your medical records and bills.

We also investigate whether similar incidents occurred at the property. A history of falls in the same location proves the property owner knew or should have known about the hazard. This pattern evidence can be powerful.

Step 3: Medical Treatment and Documentation

Your health comes first. We work with your medical providers to ensure you receive appropriate care. We also consult with medical experts who can document the full extent of your injuries, provide opinions about causation linking injuries to the fall, testify about future medical needs and costs, and calculate loss of earning capacity if you can’t return to your previous work.

For clients facing financial pressure, we can often arrange treatment on a lien basis where providers agree to wait for payment until your case resolves. You shouldn’t have to choose between medical care and paying rent.

Step 4: Demand and Negotiation

Once you’ve reached maximum medical improvement (the point where your condition has stabilized), we prepare a comprehensive demand package. This presents all evidence supporting your claim including photographs and expert analysis of the hazard, witness statements and incident reports, property maintenance records showing negligence, medical records and expert opinions, economic analyses of lost wages and future losses, and documentation of all damages.

We then enter negotiations with the insurance company. Our reputation for thorough preparation and willingness to try cases gives us leverage. Insurance companies know we’re serious about fighting for full compensation.

Step 5: Litigation If Necessary

When insurance companies won’t offer fair compensation, we file a lawsuit. This doesn’t necessarily mean trial. Many cases settle during litigation. But it demonstrates we’re prepared to let a jury decide your case’s value.

The litigation process includes filing a complaint in court, discovery where both sides exchange information and documents, depositions of you, property owner representatives, and witnesses, expert witness preparation and testimony, mediation or settlement conferences, and potentially trial if settlement isn’t reached.

Our published appellate decisions in cases like Gibson vs. American Construction Company, Inc., Lunsford vs. Saberhagen Holdings, and Coulter vs. Asten Group, Inc. demonstrate our capability to handle complex litigation at the highest levels.

Step 6: Resolution and Recovery

Whether through settlement or verdict, we work to secure maximum compensation for your injuries. Once funds are recovered, we handle distribution, resolve medical liens, and ensure you receive your portion promptly. You shouldn’t have to wait months after settlement to get your money.

⭐⭐⭐⭐⭐ “Nearly a year ago I was involved in a serious motor vehicle – pedestrian accident. I sustained some very serious injuries that required a long treatment and rehab. period. It became obvious that without assistance from an attorney I would never resolve the situation. I was referred to Herschensohn Law by another attorney who was confident Herschensohn Law would handle my case. He was correct from the initial interview to the partial settlement I received this past week. The process has been outstanding. Zach and his staff of legal assistants, paralegals and attorney have insured the insurance companys and medical providers were aware of their responsibilities to me, both medical and financial. The staff was always available to answer questions and provide information as needed. Although my claim has not yet been fully resolved, I feel certain Zach and his team will follow the process to a completely favorable end.” – Barbara Miller

Washington’s Statute of Limitations for Slip and Fall Cases

Under RCW 4.16.080, you have three years from the date of your fall to file a personal injury lawsuit in Washington State. Miss this deadline and you lose your right to pursue compensation through the courts. The courthouse doors close permanently, regardless of how strong your case might be.

Some situations involve shorter deadlines. If you fell on government property (city sidewalks, public buildings, parks), you may need to file a claim within much shorter timeframes. These claims against government entities often require notice within 120 days and filing suit within specific periods. The rules are complex and unforgiving.

While three years seems like plenty of time, waiting is dangerous. Evidence disappears. Property owners fix hazards after accidents, destroying proof of the dangerous condition. Witnesses move away or forget details. Your own memory of the incident fades. Surveillance footage gets deleted.

Insurance companies also view late claims as weaker claims. They assume if you were really injured, you would have acted sooner. Don’t give them this argument.

Contact us as soon as possible after your fall to protect your rights and preserve critical evidence.

Frequently Asked Questions About Seattle Slip and Fall Cases

How much does it cost to hire a slip and fall lawyer?

Nothing upfront. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Our fee is a percentage of the recovery, so we’re motivated to maximize your settlement or verdict. We advance all case expenses including expert fees, court costs, and investigation expenses. You risk nothing by hiring us.

What if the property owner says they didn’t know about the hazard?

That’s the most common defense. We investigate whether they had actual notice (direct knowledge) or constructive notice (should have known through reasonable inspections). We examine how long the hazard existed, whether similar incidents occurred before, what their inspection procedures were, and whether they followed their own policies. Often we can prove they knew or should have known.

Can I still recover if I was partially at fault for not seeing the hazard?

Yes. Washington’s comparative negligence law allows recovery even if you share fault. Your recovery is just reduced by your percentage of fault. Property owners will always argue you should have seen the hazard, but we counter these arguments by showing the hazard wasn’t obvious, lighting was inadequate, or you were reasonably attentive.

How long will my slip and fall case take?

It depends on the complexity of liability issues and the severity of your injuries. Simple cases with clear liability might settle within months. Complex cases involving disputed notice, multiple defendants, or catastrophic injuries can take a year or more. We prioritize getting you fair compensation over getting you fast compensation.

What if I didn’t report my fall immediately?

That makes the case harder but not impossible. We can still investigate and find witnesses who saw the hazard or your fall. However, immediate reporting is always better because it creates contemporaneous documentation that insurance companies can’t dispute.

Do I need to prove the property owner knew about the hazard?

Yes, either actual or constructive knowledge. Actual knowledge means they knew directly. Constructive knowledge means the hazard existed long enough that they should have discovered it through reasonable inspections. We investigate to prove one or both types of notice.

What if I fell on a wet floor right after someone mopped?

Property owners who clean during business hours must warn customers about wet floors through signs or barriers. If they mopped without posting adequate warnings, they’re liable for falls that result. We also investigate whether they used appropriate cleaning products and methods for the surface.

Can I sue if I fell on a city sidewalk?

Maybe. Claims against government entities in Washington have strict notice requirements and shortened deadlines. These cases are complex and require immediate action. We can evaluate whether the city or adjacent property owner is responsible for sidewalk maintenance.

Why Acting Quickly Matters

Slip and fall cases require immediate action for several critical reasons.

Evidence disappears. Property owners often fix hazards immediately after accidents. That broken step gets repaired. The wet floor gets dried. The dim lighting gets replaced. While fixing hazards is good for safety, it destroys evidence of the dangerous condition. We need to document hazards before they’re eliminated.

Surveillance footage gets deleted. Most businesses only keep security camera footage for days or weeks. If we don’t act quickly to preserve it, the footage of your fall and the hazard may be gone forever. Video evidence is often the strongest proof in slip and fall cases.

Witnesses become unavailable. People move. Change jobs. Forget details. Fresh witness statements taken shortly after your fall are far more reliable and detailed than statements taken months later.

Physical evidence changes. Weather changes walking surfaces. Foot traffic wears down hazards. Repairs alter conditions. We need to inspect and photograph the scene while it’s in the same or similar condition as when you fell.

Your own memory fades. Details about lighting, weather, your activities before the fall, and exactly how the fall happened become less clear over time. Writing everything down while fresh preserves crucial information for your case.

Medical documentation is strongest when immediate. The closer your medical treatment is to your fall, the stronger the connection between the incident and your injuries. Delays give insurance companies arguments that something else caused your condition or that you weren’t really hurt.

Don’t wait. Call us today at (206) 338-4175 for a free consultation.

About Herschensohn Law

Herschensohn Law Firm has been fighting for injured Washington residents for over 20 years. Attorney Zach Herschensohn earned his law degree from St. John’s University School of Law in 2002 and has been licensed to practice in Washington State since 2003.

We focus exclusively on personal injury law in Seattle, representing victims of premises liability accidents, vehicle collisions, workplace injuries, and other incidents caused by negligence. Our experience includes recovering $500,000 in a dangerous premises wrongful death case, demonstrating our capability to handle serious slip and fall claims. Our experience spans all types of accident cases – including car accidents, motorcycle accidents, maritime accidents, and more.

We’ve secured substantial recoveries for our clients, including multi-million dollar settlements and verdicts. Our published appellate decisions have shaped Washington law. We maintain professional memberships in the Washington State Bar Association, Public Justice, Washington State Trial Lawyers Association, The National Trial Lawyers (Top 100), King County Bar Association, and American Association for Justice.

Zach serves on the board of the King County Bar Association and regularly volunteers for pro bono cases, reflecting our commitment to access to justice for all Washington residents.

We maintain five office locations across Washington State to serve clients throughout the region:

  • Seattle Office: 1918 1st Ave N, Seattle, WA 98109
  • Kent Office (Main): 19219 68th Ave S Suite M-101, Kent, WA 98032
  • Ellensburg Office: 301 E 2nd Ave Suite 201, Ellensburg, WA 98926
  • Graham Office: 21916 Meridian Ave E, Graham, WA 98338
  • Chehalis Office: 1357 NW Louisiana Ave, Chehalis, WA 98532

⭐⭐⭐⭐⭐ “I’ve known Zach Herschensohn for over 25 years. He’s an insightful, thoughtful attorney with a sharp eye for detail and a strong sense of integrity. I’ve always appreciated his perspective and professionalism.” – Peter T Ridge

⭐⭐⭐⭐⭐ “Zach has been extremely helpful in my case, we were in a car accident in an Uber and he has given me so much direction and hope. He’s very professional and experienced and I have faith that he is the right way to go especially to get a fair settlement and get all the medical bills covered. I am confident in all the answers he provided me and strongly recommend him to anyone looking to get what you deserve in your case.” – Ashly Halverson

Contact Herschensohn Law Today

If you’ve been injured in a Seattle slip and fall accident, time is critical. Evidence is disappearing. Hazards are being fixed. Surveillance footage is being deleted. Your rights need protection now.

We offer free, confidential consultations with no obligation. During this meeting, we’ll evaluate your case, explain your legal options, and answer all your questions. If we take your case, you pay nothing unless we recover compensation for you.

Call us 24/7 at (206) 338-4175. Slip and fall accidents happen any time, and we’re always available.

You can also visit any of our five Washington State locations. Our Seattle office is convenient to injury victims throughout the metro area.

Don’t face this challenging time alone. Let our experience with premises liability law, our resources to investigate thoroughly, and our commitment to injured victims work for you. We’ll handle the legal complexity while you focus on healing.

⭐⭐⭐⭐⭐ “I never write reviews, but I was so grateful for Zach for helping my elderly mother who was injured by reckless driver, I decided it was a way I could express my thanks. She was so overwhelmed trying to navigate the complexity of the car and health insurance bureaucracy, she was losing sleep, but Zach and his wonderful staff helped her every step of the way. She was so relieved to have Zach’s expertise on her side, and even happier when she received a substantial settlement. A big thanks to you and your team Zach. You treated my mother like family, and I’m forever thankful!” – Ryan Harrington

The path forward starts with one phone call. Contact Herschensohn Law today.

Zach Herschensohn

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Client Review

“If you are in need of a personal injury lawyer who will go above and beyond for you, you couldn’t do much better than Hershensohn Law. Zach and his team will go the distance to make sure that you feel supported in the process. Between their in office team and their network of other amazing professionals, they’ve got your back. I could not be more grateful for all the help I received during my accident case from this amazing group of people.”
Erin Wood
Client Review
Our results speak for themselves
$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
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Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

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We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.
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19219 68th Ave S Suite M-101
Kent, WA 98032
301 E 2nd Ave Suite 201
Ellensburg, WA 98926
21916 Meridian Ave E
Graham, WA 98338
1918 1st Ave N
Seattle, WA 98109
1357 NW Louisiana Ave
Chehalis, WA 98532

Our firm will give you straightforward legal advice

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(206) 588-4344
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