People who own or run a property are expected to keep it reasonably safe. That does not make them responsible for every injury that happens there. The law asks a narrower question: was there a dangerous condition, and did the owner fail to deal with it when a careful owner would have?
A wet floor nobody had a chance to find is treated differently from a leak that staff walked past for an hour. A broken stair the landlord was told about is different from one that failed without warning.
How the three states differ
The duty of property owners toward people on the property
The practical difference is this. California asks one question of every owner: did they act reasonably? Texas and Washington first ask why you were there. A customer in a store is owed the most care. A social guest is owed somewhat less. A trespasser is owed very little. Most injury claims involve customers, tenants and their guests, who sit in the most protected group.
What you have to show
In all three states, a claim usually comes down to four things:
A dangerous condition existed. Something beyond the ordinary: a spill, a torn carpet, a broken handrail, missing lighting, an unmarked drop.
The owner knew, or should have known. Either someone told them, or it was there long enough that a reasonable inspection would have found it. Washington also allows a claim when the danger was reasonably foreseeable from the way the business operates.
The owner did not fix it or warn about it.
That is what caused your injury.
The second point is where most claims are won or lost, and it is why time matters. How long the hazard was there, who walked past it, and when the area was last inspected are usually answered by records and video the owner controls.
Falls in stores
Stores know that spills happen, and most have procedures for finding and cleaning them. In a claim, the questions are whether those procedures existed and whether they were followed that day.
The most useful evidence tends to be:
Video from the store's cameras.
Inspection or sweep logs.
The incident report taken at the time.
Photos of the floor, your shoes and your clothing.
The names of employees and other customers who saw it.
Stores do not keep video indefinitely. Ask in writing, as soon as you can, that it be preserved.
Expect the store's insurer to argue that the hazard was obvious or that you were not paying attention. Each state's rule on shared fault decides what that argument is worth.
Shared fault: an example
Two example shares of fault. In a real claim the share is decided from the evidence.
If you are found 20 percent at fault. Share of your damages you keep
State
Share of your damages you keep
California
80%
Texas
80%
Washington
80%
If you are found 60 percent at fault. Share of your damages you keep
Texas reduces your damages by your percentage of responsibility. If you are found more than 50 percent responsible, you recover nothing.Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012
Your share of fault reduces your damages by that percentage but does not bar your claim. One exception: an injured person who was under the influence can be barred entirely if that was a cause of the injury and they were more than 50 percent at fault.RCW 4.22.005; RCW 5.40.060
Public property
A fall on a city sidewalk, in a public building or at a public school is a claim against a government agency. The rules on what the agency is responsible for can be different, and the time limits are far shorter.
Claims against a government agency
California
Texas
Washington
Claims against a government agency
A written claim must be presented to the city, county, state agency or other public entity within six months. If the entity sends a proper written rejection, a lawsuit generally has to be filed within six months of that notice. A request to file late must be made within a reasonable time, not to exceed one year after the claim arose. The statute leaves a few narrow kinds of time out of that year.Cal. Gov. Code §§ 911.2, 911.4, 945.6
A city, county, school district or state agency must receive notice of the claim within six months of the incident. The notice describes the injury or damage, the time and place, and what happened. A city’s charter can set its own notice period, which may be shorter, so do not assume you have the full six months.Tex. Civ. Prac. & Rem. Code § 101.101
Before suing a city, county or other local government, you must present a tort claim form to its designated agent and then wait 60 calendar days. Claims against the State go to the Office of Risk Management with the same 60 day wait. The form has to be presented within the normal limitation period, and that period is paused during the 60 days.RCW 4.96.020; RCW 4.92.100; RCW 4.92.110
If you are not sure who owns the place where you fell, treat the government deadline as the one that applies until you know otherwise.
Dog bites
Dog bites follow rules of their own, and the three states split.
Liability for dog bites
California
Texas
Washington
Dog bites
The owner is liable for a bite to someone in a public place or lawfully in a private place, whether or not the dog had ever bitten before.Cal. Civ. Code § 3342
The owner is liable for a bite to someone in a public place or lawfully on private property, even if the dog had never shown aggression before. Proof that the injured person provoked the attack is a complete defense.RCW 16.08.040; RCW 16.08.060
In California and Washington the owner is responsible whether or not the dog had ever shown aggression. In Texas the question is what the owner knew about the dog, or whether the owner handled it carelessly. In every state, report the bite to animal control, get the owner's name and address, and get medical care promptly.
What to do after a fall
Get medical care. Tell the provider exactly how you fell and everything that hurts.
Report it to the owner or manager before you leave, and ask for a copy of the incident report.
Photograph what caused the fall, from several angles, and the area around it.
Get names and numbers of anyone who saw it.
Keep your shoes and clothing as they are.
Ask in writing that video be preserved.
Be careful with statements to the owner's insurance company, and do not sign anything you have not read.
This site cannot tell you that. A claim usually comes down to four things: a dangerous condition existed, the owner knew or should have known about it, the owner did not fix it or warn about it, and that is what caused your injury. The second point is where most claims are won or lost.
Do I have to prove the store knew about the spill?
In all three states the usual question is whether the owner knew or should have known about the hazard, for example because it was there long enough that a reasonable inspection would have found it. In Texas the injured person generally has to show that. In Washington you do not always have to prove the owner knew about the specific hazard, if it was reasonably foreseeable from the way the business operates. California asks whether the owner acted reasonably given the likelihood of someone getting hurt.
Should the store pay my medical bills?
Only if the store is responsible, and an injury on someone else’s property is not automatically the owner’s responsibility. Report the fall before you leave, ask for a copy of the incident report and get medical care. Be careful with statements to the owner’s insurance company, and do not sign anything you have not read.
I fell on a city sidewalk. Can I sue the city?
A fall on a city sidewalk is a claim against a government agency, and the time limits are far shorter. In California a written claim must be presented within six months. In Texas the agency must receive notice within six months, and a city’s charter can set a shorter period. In Washington you present a claim form and then wait 60 days before a lawsuit can be filed.
What if the store says the fall was my fault?
Expect the store’s insurer to argue that the hazard was obvious or that you were not paying attention. What that argument is worth depends on the state. In California and Washington your share of the fault reduces what you recover, and in Texas you recover nothing if you are found more than 50 percent responsible.
Is a dog owner liable if the dog never bit anyone before?
In California and Washington, yes: the owner is liable for a bite to someone in a public place or lawfully on private property, even if the dog had never shown aggression before. In Texas the rule comes from court decisions. There the question is whether the owner knew or had reason to know the dog was dangerous, or handled the dog carelessly.
How long do I have to file a slip and fall lawsuit?
Generally two years in California and Texas and three years in Washington. If the fall was on public property, the government claim deadline comes much sooner. If you are not sure who owns the place where you fell, treat the government deadline as the one that applies until you know otherwise.
Sources
Primary sources for the rules on this page. Checked on the dates shown.
This site gives general legal information. It is not legal advice, and reading it does not create an attorney client relationship. Deadlines depend on the facts. Some are much shorter than the general rule. Do not rely on this page to decide how long you can wait.
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