Fracture settlements
in Washington.
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 lots | Washington 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 rule | Pure comparative fault: your own fault “diminishes proportionately the amount awarded as compensatory damages … but does not bar recovery.”RCW 4.22.005 |
| Deadline to sue | Three years for an action for “any other injury to the person or rights of another.”RCW 4.16.080(2) |
| Claims against government | File 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 |