Is there a limit to the amount of damages a plaintiff can recover in a slip and fall claim?
Yes, there is a limit to the amount of damages a plaintiff can recover in a slip and fall claim in Washington. Washington State recognizes the doctrine of comparative negligence when it comes to slip and falls and requires plaintiffs to show that the property owner was at least 50 percent at fault for the injuries sustained. When it comes to damages, Washington State places a cap on non-economic damages in slip and fall cases at $350,000. Non-economic damages are subjective in nature and are typically awarded to compensate for the emotional toll and personal injury of the slip and fall. Items such as pain and suffering and emotional distress fall into this category. Punitive damages may also be available in some cases and are meant to punish the defendant for reckless or intentional acts. In addition to non-economic damages, economic damages may also be available in slip and fall cases and there is no cap on these awards. This includes any out-of-pocket expenses such as medical bills, lost wages, and funeral costs. The court will also look at factors such as the severity of the injury, the amount of medical care needed, and the impact the injury has had on the plaintiff’s life in order to determine the amount of economic damages. Overall, slip and fall claims in Washington are subject to certain limits and caps. Plaintiffs must be able to prove the fault of the property owner, and the amount of damages awarded is based largely on the severity of the injury and the resulting economic losses.
Related FAQs
What type of notice should I give the property owner if I slip and fall?What types of damages may be sought in a premises liability claim?
What kind of evidence is needed to prove a slip and fall case?
Can I be held liable for someone else’s slip and fall injury?
What type of compensation can I receive for a slip and fall case?
Are there any defenses against a premises liability lawsuit?
What are the possible legal implications of a slip and fall accident?
What type of medical documentation is needed to prove a slip and fall case?
How much is the average slip and fall settlement?
What type of compensation can be recovered in a premises liability case?
Related Blog Posts
The Basics of Slip & Fall Law: Understanding Your Rights - July 31, 2023Property Owner Liability in Slip & Fall Accidents - August 7, 2023
How to Determine if You Have a Valid Slip & Fall Claim - August 14, 2023
Negligence as a Cause of Slip & Fall Accidents - August 21, 2023
How Intentional Acts Can Lead to Slip & Fall Lawsuits - August 28, 2023