Rain is a familiar part of life in Washington State, and wet sidewalks are something most residents encounter regularly. To that end, most Washington residents are quite familiar with basic safety tips related to walking in the rain. However, slips and falls often occur despite people’s best efforts.
If you have recently slipped and fallen on a rainy sidewalk, you may assume that no one can be held responsible for the harm you have suffered, because the weather caused the hazard. However, situations like yours are not always that simple. Depending on the circumstances, a property owner or another responsible party may have failed to take reasonable steps to address an unsafe condition, and may reasonably owe you compensation as a result.
Holding negligent actors accountable for fall-related harm
Property owners and businesses generally have a duty to maintain their premises in a reasonably safe condition for lawful visitors (and, sometimes, even for unlawful ones). While they cannot stop it from raining, they may be expected to address hazardous conditions that develop because of the rain. For example, a sidewalk with poor drainage that consistently allows water to pool, broken pavement that becomes especially slippery when wet or neglected moss and algae growth may create dangers beyond what people ordinarily expect from rainy weather.
If a dangerous condition existed long enough that a property owner knew or should have known about it, failing to take reasonable corrective action may be evidence of negligence. Depending on the situation, reasonable measures might include improving drainage, repairing uneven surfaces, removing slippery vegetation or providing adequate warnings while repairs are being made.
At the same time, pedestrians also have a responsibility to exercise reasonable care for their own safety. Wearing appropriate footwear, paying attention to walking conditions and avoiding obvious hazards can all be relevant when determining responsibility. Washington follows a comparative fault system, meaning that responsibility for an accident may be shared among multiple parties if both the property owner and the injured person contributed to the accident.
Every slip-and-fall case is unique. Consider seeking personalized legal guidance before jumping to any conclusions regarding whether you may or may not be owed compensation for the harm you’ve recently experienced.
