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★ Washington · fracture

Fracture settlements
in Washington.

By Reviewed by Abd Shanti, Founder9 min read

Washington’s Supreme Court refused to adopt a rule that would have excused parking lot owners from ice that falls naturally, so a woman who broke her wrist in a state office lot got her trial. A plumber’s helper who broke his wrist in a ladder fall shows the other side: deadlines inside the workers’ comp system.

Facts that decide a fracture claim in Washington

Snow and ice on business lotsWashington has not adopted the natural accumulation rule for commercial parking lots; owners owe invitees ordinary care, including for ice.Iwai v. State (Wash. 1996)
Fault rulePure comparative fault: your own fault “diminishes proportionately the amount awarded as compensatory damages … but does not bar recovery.”RCW 4.22.005
Deadline to sueThree years for an action for “any other injury to the person or rights of another.”RCW 4.16.080(2)
Claims against governmentFile a claim with the city, county or state first, then wait 60 days before suing.RCW 4.96.020, 4.92.100, 4.92.110; see our notice table
★ WA · reported fracture outcomes

What Washington courts have awarded.

Real Washington decisions and verdicts, each linked to the court record or official report.

  • Supreme Court of Washington · 1996
    Summary judgment reversed; trial ordered

    More than seven inches of snow fell in Spokane on 27 November 1984, and the Employment Security lot was plowed but apparently not sanded. Barbara Iwai parked in the only open stall, on a slope far from the entrance, slipped on ice as she got out and broke her wrist. The trial court dismissed her case, but the Court of Appeals reversed, and the Supreme Court affirmed and declined to adopt the natural accumulation rule for business lots.

  • Washington Court of Appeals · 2015
    Judgment for the Department affirmed

    Bruce Butson, a plumber’s helper, fell from a ladder onto a concrete floor in 2004, fracturing his left wrist and hyperextending his thumb, and needed surgery on both. His vocational benefits were later suspended for noncooperation, and he did not appeal that order within 60 days. His later claim for time loss from June 2010 to January 2011 failed for lack of evidence, and the court affirmed.

★ WA · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Washington.

  1. 1

    Ice is not an automatic defense for business owners in Washington. Iwai’s case turned on whether the plowed lot should have been sanded.

  2. 2

    Workers’ comp orders become final if you do not appeal within 60 days. Butson lost vocational benefits that way.

  3. 3

    Keep medical proof current. Butson’s later disability claim failed because the evidence did not show he was totally disabled.

  4. 4

    Record the scene the same day: snow depth, whether sand or gravel was spread, the slope, and where the only open stall was. Those details kept Iwai’s case alive.

  5. 5

    How the lot was cleared matters. Whether plowing two days earlier without sanding was negligent was the question the Court of Appeals sent to trial.

★ WA · statute of limitations
3 years from date of injury

RCW § 4.16.080

★ WA · fault rule
Pure comparative negligence

Pure comparative negligence under RCW 4.22.005.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Washington's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Washington · you are herePure comparative negligence3 years from date of injury—
WyomingModified comparative, 51% bar4 years from date of injuryWY · fracture →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · fracture →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · fracture →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · fracture →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · fracture →
IdahoModified comparative, 50% bar2 years from date of injuryID · fracture →
ArizonaPure comparative negligence2 years from date of injuryAZ · fracture →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · fracture →
MississippiPure comparative negligence3 years from date of injuryMS · fracture →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · fracture →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · fracture →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · fracture →
★ WA · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Washington. See /methodology, /sources, and /disclaimer.