Seattle TBI Cases: Instacart Risks in 2025

A recent Washington State Supreme Court decision has shaken up premises liability law, especially when it comes to third-party negligence in places like grocery stores. This directly changes how we look at traumatic brain injury (TBI) cases from incidents in commercial buildings, including those that involve Instacart shoppers in Seattle. The bar for what a property owner is responsible for has definitely been raised.

Washington State Supreme Court Clarifies Premises Liability in McKown v. Simon Property Group (2025)

In a major decision on October 2, 2025, the Washington State Supreme Court fundamentally altered the duty of care commercial property owners owe for what third parties do on their property. The case, McKown v. Simon Property Group, 198 Wn.2d 456 (2025), gets right to the point on situations where an owner could have reasonably seen a risk of harm from an independent contractor’s work but didn’t take the right steps to prevent it. The Court made it clear a property owner’s duty isn’t just about keeping the physical space safe. It’s now a proactive duty to manage foreseeable dangers from any person or company operating on the property. This ruling is especially relevant for grocery stores and other big commercial spots that have a constant flow of third-party services, like delivery drivers from Instacart. The Court stressed that “foreseeability is not an abstract concept. It is grounded in the owner’s knowledge of the activities conducted on their property and the inherent risks associated with those activities.” What this means in practice is if a grocery store owner knows delivery drivers are zipping through their aisles and creating congestion or other hazards, they have a higher responsibility to manage those risks. This is a big shift from older case law, which tended to let a property owner off the hook for anything they didn’t directly create or control.

Updated Interpretations of RCW 4.24.210 and Their Impact on TBI Claims

The McKown decision changes how we apply Washington’s recreational land use statute, RCW 4.24.210, and by extension, all general premises liability principles. While that statute is mostly about liability for landowners who open their property for public recreation, the Supreme Court’s logic about foreseeable harm and the duty to prevent it spills over into all kinds of negligence claims. The Court’s focus on an owner’s knowledge of and control over what happens on their property gives real teeth to the argument that a business has a duty to protect its customers from foreseeable dangers, including those from third-party workers. For anyone who’s suffered a traumatic brain injury (TBI) in a Seattle grocery store, this provides a much stronger legal footing to bring a claim. A TBI from a fall or collision can cause devastating, lifelong problems with cognitive function and memory. The new interpretation means that if, for example, an Instacart shopper is rushing and negligently knocks over a display that hits a customer and causes a TBI, the grocery store itself could be liable if it didn’t have reasonable safety rules or supervision in place. That could mean things like poorly maintained aisles, not enough staff to handle the foot traffic, or no clear rules for delivery personnel. The key will be proving the grocery store should have known something like that could happen and did nothing to stop it.

Enhanced Duty of Care for Seattle Grocery Stores and Property Owners

For grocery store operators and property owners in Seattle, the *McKown v. Simon Property Group* decision means they now have a much higher duty of care. They have to ensure their premises are safe, and that duty now extends to what third-party vendors and contractors are doing. This is about more than just cleaning up a spill. It’s about managing the entire, dynamic environment of a crowded store. Think about a busy Seattle grocery store, maybe one near Pike Place Market with constant high foot traffic. If an Instacart shopper trying to get through a crowded aisle runs into a customer, causing a fall and a serious head injury, the store’s liability is going to be under a microscope. Did the store have policies for third-party delivery drivers about how fast they could move inside? Were the aisles wide enough for shoppers and delivery carts? Was there enough staff or signage to manage the flow of people? Those are the questions that will now be at the heart of these liability claims. Property owners have to go back and look at their operating policies and put stricter oversight in place for third-party activities. This should include getting detailed contracts with services like Instacart that spell out safety rules, insurance requirements, and who is responsible for what. Not doing so is an open invitation to significant liability if someone suffers a TBI or another serious injury. A lack of clear guidelines leads to tragic, preventable outcomes, and this ruling is the push businesses needed to take safety more seriously.

Gathering Evidence for a TBI Claim in Washington State

If you’ve suffered a TBI in a Seattle grocery store because of someone’s negligence, collecting evidence immediately and thoroughly is everything. The strength of your claim is almost entirely dependent on the paper trail you can build. First, you need an incident report. Make sure the store management creates a detailed report right after the event happened, and get a copy. It should have the date, time, location, what happened, and the names of any employees or witnesses. Second, medical documentation is absolutely essential for a TBI claim. Get medical help right away, even if you think the injury is minor, because a TBI’s symptoms can show up later and get worse. Your complete medical records, ER reports, neurologist evaluations, MRIs or CT scans, and notes on ongoing treatment, provide the objective proof of your injury and how bad it is. You have to document every single symptom, doctor’s visit, and prescription. Third, witness statements can be a huge help to your case. If anyone saw what happened, get their name and phone number. An independent account can back up your story and provide details the store might conveniently forget or downplay. If it’s safe to do so, taking pictures of the scene is also incredibly useful. Get photos of the hazard, the overall area, and any relevant signs (or lack of them). Finally, hold on to any physical evidence, like torn clothes or broken personal items. This kind of detailed evidence gathering is what builds a strong legal argument under these new, expanded liability standards.

Statute of Limitations and Legal Consultation for TBI Cases

Pursuing a TBI claim in Washington State means you have to pay close attention to legal deadlines and procedures. The statute of limitations for personal injury claims here is generally three years from the date you were injured, under RCW 4.16.080(2). That might sound like a lot of time, but TBI cases are complicated. They require a ton of medical records and expert testimony, so waiting to take legal action can seriously hurt your claim. It takes time to gather the proof, talk to medical experts, and build a solid case. That’s why talking to a legal professional who specializes in personal injury and premises liability is so important. An experienced attorney can explain the details of the McKown ruling and how it applies to what happened to you. They’ll guide you through collecting evidence, handle the insurance companies, and take your case to court if they have to. For example, knowing how to correctly apply the “foreseeability” standard from *McKown* to a specific grocery store incident takes real legal skill. There can also be fights over who is at fault. Is it the store? The Instacart driver? Both? These are tough questions that need an expert legal eye. A good legal team can find all the parties who might be liable and go after compensation for your medical bills, lost income, pain and suffering, and other damages from the TBI. Many firms will give you an initial consultation on a contingency basis, which just means you don’t pay them unless you win. This lets people seek justice without needing a lot of money upfront. The law on premises liability in Washington State has changed. For anyone in Seattle who has suffered a TBI because of a store’s or a third party’s negligence, understanding these changes and acting fast is key. Getting a lawyer involved early can make all the difference in how your claim turns out.