Statute of Limitations on Premises Liability in Washington

Content Legally Reviewed By Matt Conner

Have you been injured on someone else’s property in Washington State? Maybe you slipped and fell in a store, tripped on a broken sidewalk, or were hurt by a falling object. If so, you’re probably dealing with a lot right now—pain, medical bills, and the frustration of having your life disrupted. It’s important to know that you have rights, and property owners are legally responsible for keeping their premises safe.

But here’s where things can get tricky. There’s a deadline in Washington for taking legal action after an injury like this. It’s called the statute of limitations, and if you miss it, you could lose your right to seek compensation.

So, how long do you have to file a claim? What factors could affect that deadline? And what steps should you take to protect your rights? Keep reading to learn more about the statute of limitations on premises liability in Washington State.

What Is a Premises Liability Claim?

Premises liability cases arise when someone is injured on another person’s property due to unsafe or hazardous conditions. These cases cover a wide range of situations where a property owner, landlord, or manager fails to keep their property safe. This failure can amount to negligence that results in someone getting hurt.

Here are some common examples of premises liability cases in Washington State:

• Slip and falls—caused by hazards like wet floors, icy sidewalks, uneven surfaces, potholes, or poorly maintained stairs;
• Falling objects—injuries from falling merchandise, construction debris, or poorly secured fixtures;
• Inadequate security—when a lack of security measures like lighting or surveillance leads to someone being injured during a crime;
• Dog bites—dog owners are responsible for keeping their dogs under control and preventing bites;
• Elevator and escalator accidents—caused by malfunctioning or poorly maintained equipment;
• Poor fire safety—a lack of fire safety measures like sprinklers or alarms leads to injuries; and
• Swimming pool accidents—injuries due to a lack of fencing, supervision, or proper safety equipment.

This is not an exhaustive list, but it gives you an idea of the situations that can lead to a premises liability claim. You might have a valid claim if you’ve been injured on someone else’s property and believe they were negligent in their duty to keep the property safe.

What Is the Statute of Limitations on Premises Liability in Washington?

Premises liability cases, like other personal injury claims, are subject to a statute of limitations. This means there’s a deadline for legal action if you’ve been injured on someone else’s property. If you don’t file a lawsuit before this deadline expires, your claim will likely be dismissed, and you’ll lose your right to seek compensation.

For example, let’s say you’re injured in an elevator accident due to faulty maintenance. Or perhaps you were hurt at a public pool that lacked proper safety equipment. In Washington State, you have three years from the date of your injury to file a claim. This allows you time to start the legal process and seek compensation for medical bills, lost wages, and pain and suffering.

Are There Exceptions to the Washington Premises Liability Statute of Limitations?

When it comes to the Washington premises liability statute of limitations, there’s a general timeframe for taking legal action. But are there any situations where this three-year timeframe might be different?

Here are two instances where the deadline might not be so clear-cut:

• Cases involving minors. Washington State’s statute of limitations on premises liability claims is paused for injured minors. This means children who are hurt have until their 18th birthday to file a claim, ensuring they have a fair opportunity to seek compensation as adults.
• Evading service of process. If a property owner tries to avoid being served with a lawsuit, this could also affect the deadline. For example, if they leave the state to dodge being officially notified of the lawsuit, the clock might be paused while they are unavailable.

An experienced slip-and-fall attorney can assess your situation and determine if any exceptions apply, ensuring you don’t miss the opportunity to pursue your claim.

Why You Shouldn’t Wait to File a Premises Liability Claim in Washington?

It’s easy to put off dealing with a legal claim, but in Washington State, taking quick action is important to protect your right to compensation.

In addition to the statute of limitations, here’s why putting off your claim can be a costly mistake:

• Evidence can vanish. Evidence can disappear for many reasons if you don’t act quickly—for instance, photographic evidence could get lost, witnesses forget what they saw or move away, and security camera footage gets recorded over. The longer you wait, the harder it can get to prove what happened and who was responsible for your injuries.
• Insurance companies know that time is not on your side. Insurers might delay the process, hoping you will accept less than your case is worth out of desperation as medical bills pile up. Don’t let their unethical tactics cheat you out of the compensation you need to get your life back on track.
• Your memory may fade. You might think you’ll remember every detail of your accident, but memories can change over time. It’s important to promptly document your experience and gather evidence while it’s fresh.

To illustrate the importance of taking action, here are a few examples of what the personal injury attorneys at Brett McCandlis Brown & Conner have recovered for clients who took prompt action:

• $1,550,000 for a man injured in a parking lot trip-and-fall;
• $6,000,000 for a woman who fell in a poorly lit parking lot (the largest award of its kind in the state at the time); and
• $1,000,000 for a woman who fell on ice in a parking lot.

While every case is different, and past results don’t guarantee a similar outcome, these examples show how important it is to act promptly and protect your rights.

Injured on Someone Else’s Property in Washington? We’re Here to Help

Don’t let time run out on your right to seek justice. If you’ve been injured on someone else’s property in Washington, it is essential to take quick action. These injuries can have a lasting impact on your life, affecting your ability to work, enjoy hobbies, and spend time with loved ones. And when someone else’s negligence is to blame, you deserve compensation.

Our team at Brett McCandlis Brown & Conner has been helping people in Washington for over 40 years. We understand the difficulties you face after an injury on someone else’s property, and we’re committed to getting our clients the results they deserve. Contact us today for a free consultation.

Resources

• RCW 4.16.190, Statute tolled for personal disability and minors, link.
• RCW 4.16.180, Statute tolled by absence from state, concealment, etc., link.

About the Author

Matt Conner

Matt Conner has a proven track record of success. Following his graduation from Willamette University with a double major in mathematics and economics, Matt worked as an economist for the Office of Economic Analysis for the State of Oregon before moving onto working in mortgage banking and real estate. Although Matt would move on to law school shortly thereafter, his experience in the financial sector has provided him with valuable experience in how to achieve maximum compensation for his clients.

Learn More About Matt