Weather significantly increases premises liability risks in Washington. Property owners remain responsible for maintaining reasonably safe conditions during weather events by promptly addressing wet floors, clearing icy walkways, providing adequate drainage, posting warning signs, and taking similar measures to keep visitors safe.
While weather creates natural hazards, property owners cannot simply ignore dangerous conditions and must take reasonable steps to protect visitors from weather-related slip and fall accidents.
Washington’s frequent rain and occasional snow create ongoing challenges for property owners who must balance natural weather conditions with their legal duty to maintain safe premises. A qualified Seattle premises liability lawyer can help determine how the weather impacts your premises liability claim.
Property Owner Duties During Weather Events
Property owners in Washington have ongoing responsibilities to maintain safe conditions for visitors, even during adverse weather conditions. These duties don’t disappear simply because rain, snow, or ice create natural hazards on their property.
Property owners must also respond promptly to changing conditions during weather events, not just prepare in advance. Continuous monitoring and maintenance become essential when weather conditions create ongoing hazards.
The specific steps required depend on the type of property, expected visitor traffic, and the severity of weather conditions. Business owners typically have higher duties than residential property owners due to the commercial nature of their operations and higher visitor volume.
Get A Free Case Review
Free Case ReviewIn a confidential settlement for a commercial injury case.
Common Weather Impacts in Premises Liability Cases
Washington’s climate creates several predictable hazards that property owners must address to prevent visitor injuries. Understanding these common hazards helps establish whether property owners met their legal obligations.
- Wet floors from tracked-in rain, snow, or ice create immediate slip hazards, particularly in building entrances where visitors transition from outdoor to indoor surfaces. These conditions require constant attention during weather events.
- Icy walkways, parking lots, and building entrances become extremely dangerous during freezing conditions. Even light ice accumulation can create hazardous conditions that require prompt attention from property owners.
- Poor drainage can create standing water that becomes a slip hazard or freezes into dangerous ice patches. Property owners are responsible for maintaining adequate drainage systems to prevent these conditions.
- Inadequate lighting during storms or early winter darkness can prevent visitors from seeing weather-related hazards that would otherwise be avoidable with proper illumination.
The “Natural Accumulation” Defense
Property owners sometimes claim they’re not liable for injuries caused by “natural accumulation” of rain, snow, or ice. However, this defense has significant limitations under Washington law that don’t absolve property owners of all responsibility.
The natural accumulation defense typically applies only when weather conditions are actively occurring and property owners haven’t had a reasonable opportunity to address hazards. Once the weather stops or property owners have a reasonable time to respond, this defense becomes less effective.
Property owners who know about dangerous conditions but fail to take reasonable corrective action cannot rely on natural accumulation defenses. The defense doesn’t protect property owners who ignore obvious hazards.
Call or text (800) 708-6000 or complete a Free Case Evaluation form
Documentation and Evidence in Weather Cases
Weather-related premises liability cases require specific types of evidence to establish both the dangerous conditions and the property owner’s negligence. Proper documentation strengthens these claims significantly.
- Weather records from the National Weather Service or local meteorological sources can establish the timing, severity, and duration of weather events that contributed to dangerous conditions.
- Photographs of hazardous conditions should be taken as soon as possible after accidents occur, as weather-related hazards often change rapidly or disappear entirely as conditions improve.
- Witness testimony about the duration and extent of dangerous conditions can establish whether property owners had a reasonable opportunity to address hazards before injuries occurred.
- Maintenance records and snow removal contracts can demonstrate whether property owners had adequate procedures in place and whether they followed these procedures during weather events.
For a free legal consultation, call
(800) 708-6000
Comparative Negligence in Weather Cases
Washington’s comparative negligence law affects weather-related premises liability cases when injured visitors may have contributed to their accidents. Visitors must exercise reasonable care for their safety, including paying attention to obvious weather-related hazards and taking appropriate precautions for conditions.
However, property owners cannot shift all responsibility to visitors simply because the weather conditions were obvious. Property owners retain duties to maintain reasonably safe conditions regardless of weather.
Visitor expectations based on property type also influence comparative negligence determinations. These determinations can change the amount of compensation you can receive from your case.
Insurance Coverage for Weather-Related Claims
Property owners typically carry liability insurance that covers weather-related slip and fall accidents, but coverage issues can arise depending on policy language and claim circumstances.
Some insurance policies contain weather-related exclusions or limitations that may affect coverage for certain types of weather-related claims. These provisions require careful analysis to understand their impact.
Business liability policies often provide broader coverage than homeowners’ policies due to the commercial nature of the risks and higher duty standards for business operators.
Seeking Legal Representation for Weather-Related Premises Liability Claims
Schedule a free consultation with our legal team to discuss your weather-related premises liability case and learn about your legal options. Weather-related slip and fall cases involve complex legal issues that require experienced evaluation to determine property owner liability.
We understand that being injured due to wet floors and icy entrances in Washington can be particularly frustrating when property owners had a reasonable opportunity to address dangerous weather conditions.
At Phillips Law Firm, we have extensive experience handling weather-related premises liability cases and understand how Washington’s climate creates ongoing challenges for both property owners and visitors. Contact us today to learn how we can help you.
Real People. Real Justice. (800) 708-6000