Virginia Slip and Fall Accident Lawyer
Slips, trips, and falls may seem like something small, but that couldn’t be further from the truth. In fact, these kinds of accidents often result in incredibly serious injuries. While some of the injuries can be attributed to mistakes, in many other cases, a fall injury is the result of negligence or recklessness on behalf of a property owner or occupant. In these types of scenarios, Virginia slip and fall laws provide a clear pathway to seek compensation for any slip and fall injury you’ve sustained.
Our experienced slip and fall attorneys understand the complexities of this specific type of premises liability case and are absolutely committed to helping you navigate the ins and outs of the legal process to secure the damages you’re owed.
Whether you’ve fallen in a commercial setting due to an unmarked wet floor, tripped on a poorly maintained sidewalk, or anything in between, we’re here to help. If you’ve suffered injuries in a slip and fall accident in Virginia, you deserve compensation for any negligence that led to the event.
If you have suffered injuries because of someone else’s negligence, Sharif Gray at Broughton Injury Law can help. We have won millions of dollars in verdicts and settlements. Call Sharif at (804) 915-1611 or contact him online to schedule a free consultation. We will get justice for you.
What is a Slip and Fall?
As the name suggests, a slip and fall accident happens when you suffer a slip, trip, or fall that’s directly caused by a hazardous or dangerous condition on someone else’s property. These accidents can occur to anyone, anywhere, at just about anytime. However, in many cases, they’re caused by wet floors, uneven surfaces, poor lighting, or even obstacles.
The legal basis for these claims lies in premises liability law — These laws essentially state that property owners are responsible for maintaining safe conditions on their property, which includes clear and danger-free walkways.
Understanding what constitutes a fall and slip claim is a crucial first step in determining how to best move forward with a legal claim. In Virginia, these cases often hinge on proving that the owner of the property was indeed negligent, and you, the victim, had no responsibility for the incident — Which can be a tall task, but something our attorneys are 100% equipped to handle.
Slip & Fall Statistics To Know
Slip and fall accidents aren’t just a common occurrence – they can be absolutely deadly. These dangerous events account for a significant portion of personal injury claims and are among the leading causes of accidental injuries in Virginia and across the United States. Here are some critical statistics about slips, trips, and falls:
- More than 800,000 people per year go to the hospital due to a fall injury
- Falls are among the most common causes of traumatic brain injuries (TBI)
- Falls are the second leading cause of accidental or unintentional injury deaths worldwide.
These statistics underscore the seriousness of slip and fall accidents and the importance of seeking experienced legal representation if you are a victim.
Where is a Slip and Fall Accident Most Likely To Happen?
Much like a car accident, these incidents can occur anywhere, but certain locations are much more prone to these events. Some of the most common places where slip and falls are likely to happen include but aren’t limited to:
- Retail stores and shopping malls
- Supermarkets and grocery stores
- Restaurants and bars
- Office buildings and workplaces
- Apartment building or residential property
- Public sidewalks and parking lots
- Nursing homes and assisted living facilities
- Schools and universities
Knowing where these accidents commonly occur not only helps in identifying potential hazards and taking necessary precautions, but it also gives your slip and fall injury lawyer a starting point to begin the journey of seeking damages on your behalf.
Most Common Causes of Slips, Trips, and Falls
There’s no one-size-fits-all reason for slips and falls – They can happen in a myriad of ways. However, the most common causes that lead to severe injuries include but aren’t limited to:
- Wet or slippery floors
- Uneven surfaces (i.e., potholes or cracked sidewalks)
- Cluttered walkways
- Poor lighting conditions
- Loose or torn carpeting
- Unsecured cords and wires
- Accumulated snow and/or ice
If you want to pursue a successful legal claim against negligent property owners, you and your attorney will need to uncover what caused the fall and how it impacted the injuries you sustained. The good news is you don’t have to investigate alone, our Virginia attorneys for slip and fall cases are here to help you assess your case, gather evidence, and seek the damages you deserve. Contact us today for your free consultation.
How is Liability Determined in a Slip and Fall Case?
When it comes to determining liability, it’s a complex process – To say the least. Generally, these types of claims hinge on clearly establishing negligence on the part of the property owner or manager. This process involves clearly demonstrating that a property owner’s actions, or lack thereof, created an unreasonable risk that led to the accident and the resulting injuries.
Establishing Property Owner’s Knowledge
Actual vs. Constructive Knowledge: It must be shown that the property owner knew about the hazardous condition (actual knowledge) or should have reasonably known about it (constructive knowledge). Your attorney can potentially establish this through the owner’s maintenance records, incident reports, security footage, and/or witness statements.
Duration of Hazard: How long the hazard actually existed on someone’s property can be crucial. Issues that have been around for a while is a strong indicator that negligence exists. That’s because it shows that the owner had more than enough time to fix the situation but they failed to do so.
Proving Failure to Correct or Warn
Corrective Actions: If the property owner knew about the issue but didn’t take reasonable steps to fix it, they could be held liable for any injuries resulting from the hazard. This can include things like repairs, cleaning up spills, or any other action to mitigate the risk.
Warning Signs: Suppose the owner couldn’t immediately address the issue. In that case, they’re typically required to at least provide clear warnings to visitors. If there are no warning signs or effective barriers, it could be the “smoking gun” that helps to prove negligence.
Linking Injuries to Negligence
Causation: It’s not enough to show that the hazard existed and the owner neglected to fix it. In addition to that, your slip and fall lawyer needs to clearly demonstrate that the injuries were directly caused by the property owner’s negligence – This is absolutely critical. Medical reports, expert testimonies, accident reconstructions, and the like can all be helpful in establishing this link.
Severity and Type of Injuries: Thoroughly documenting the specific injuries that you sustained and their impact on your life can further strengthen the case. This includes medical costs, lost wages, and pain and suffering.
Determining who’s at fault isn’t always an easy process. It requires a detailed examination of the incident, gathering evidence, and a clear demonstration of how the property owner’s negligence led to the victim’s injuries.
Proving liability in cases like these generally requires the expertise of an attorney who understands the law – They can provide the insights, knowledge, and experience you need to to seek maximum compensation for your injuries.
Types of Properties Slip & Falls Can Happen On
Property owners don’t owe all people on their property the same Duty of Care. Generally, the duty they owe depends on the reason you’re there. For example, a business owner owes a customer a higher duty than a trespasser. Further, different types of properties (i.e., commercial, residential, and government) have slightly different rules, obligations, and claim processes. Continue reading to learn more.
Commercial Property
When it comes to properties like stores or restaurants, owners have a duty to ensure their premises are safe for all customers on the property at any given time – Which can include:
- Regular inspections
- Prompt cleanup of spills
- Adequate warnings about potential hazards.
When a slip and fall occurs on commercial property, the business owner may be held liable for injuries sustained.
Residential Property
Homeowners also have a legal responsibility to keep their properties reasonably safe for visitors. That means that they’re required to fix known hazards and provide adequate warnings about potential dangers – Otherwise, if someone is injured due to the dangerous situation on their property, the homeowner could be held liable.
Government Property
Slips and falls on government property typically fall under the Federal Tort Claims Act (FTCA) which allows individuals to file a claim against a government entity for injuries caused by hazardous situations. However, it’s important to note that these types of cases can be incredibly complex. In most cases, it’s in your best interest to consult with a Federal Tort Claims Act attorney to gain greater insight into the viability of your claim.
Understanding Contributory Negligence & Virginia Slip and Fall Law
When we get down to the nuts and bolts of slip and fall claims, the legal principle of contributory negligence plays a huge role in the outcome of your case. Essentially, it says that an injured party isn’t eligible to recover any compensation if they are even partly at fault for the incident.
For example: If you slipped and fell on a slippery floor while you were intoxicated, it could be an indicator of partial fault and disqualify you from seeking damages.
This incredibly rare and high burden of proof significantly influences the legal strategy and negotiation tactics your attorney uses. Insurance company attorneys could make an argument that the victim contributed to their accident by being distracted or ignoring warning signs – Thus, using the contributory negligence rule to their advantage. As a result, underrepresented or desperate plaintiffs might be much more inclined to settle out of court, knowing the immense risks associated with being found even partially at fault.
For this reason (among others), it’s generally recommended that you at least consult with a knowledgeable slip and fall attorney before deciding whether or not to accept a settlement offer – As, the insurer could very well be trying to intimidate you into accepting far less compensation than you deserve.
Statute of Limitations For VA Slip and Fall Claims
If you wait too late to pursue compensation, you might lose your eligibility to do so. With that in mind, the statute of limitations in Virginia for most slip and fall claims is generally two years from the date of the accident. However, there are potential exceptions to this “rule” depending on the plaintiff’s age, mental capacity, and other factors. Thus, if you think you have a solid case, it’s better to contact an attorney as soon as possible to ensure your claim is handled within the appropriate legal timeframe.
Steps to Take After a Slip & Fall Incident
Seek Medical Attention Immediately
Whether you immediately go to the emergency room or you visit your physician directly after the incident, it’s in your best interest to get medical help as soon as possible. Which is true even if your injuries seem minor. That’s because certain conditions, like concussions or internal injuries, might not be as immediately apparent or easy to recognize.
Be sure that your healthcare provider thoroughly documents all of your injuries in the medical report, treatments, and prescriptions. This information could prove very helpful in accurately valuing your case, as it provides concrete proof of the injuries you’ve sustained and their severity.
Gather Evidence at the Scene
If you’re able to do so without risking more injuries, gather as much evidence as you can while you’re still at the scene. That means:
- Take photos/videos of the exact location where you fell. Be sure to focus on specific conditions that might have led to the accident (i.e., wet floors, uneven surfaces, poorly lit stairwells, etc.
- Collect names and contact details of any witnesses – Their personal accounts of the event in conjunction with your evidence can be very helpful when assessing who’s to blame for the incident.
Report the Incident
Don’t forget to report the fall to the property owner, manager, or appropriate authority in a timely manner. Filing an official incident report and requesting a copy for your records can prove incredibly beneficial for your case for many reasons, including but not limited to:
- It’s officially acknowledges that the incident actually happened on their property
- Helps to establish the place and time of the accident
- Give insight into what employees were on duty
Document Everything
When it comes to documentation about your injuries, medical bills, rehabilitation, etc., the more details the better. This can include keeping and updating any medical reports, receipts for your medical expenses, records of lost wages due to time off work, as well as any correspondence/communication related to the incident.
Consult with a Personal Injury Lawyer
If your goal is to obtain maximum compensation, your best option is to work with a personal injury lawyer who understands the subtleties of slip, fall, and trip cases in Virginia. Not only can they provide guidance on how to proceed, but they can also help in understanding the local laws, determining liability, and advising on how to deal with aggressive insurance companies. Contact us today for your free initial consultation.
Avoid Discussing the Incident
You should absolutely refrain from talking about the incident with anyone but your attorney. That means avoiding in-depth conversations with insurance adjusters, the property owner, your friends/family, and others without your lawyer present. Further, don’t admit guilt or make statements that could remotely be interpreted as an admission of liability. What you say can and will be held against you if it helps the insurance company offer you low or no compensation.
Refrain from Social Media Posts
In addition to staying tight lipped in person and on the phone, you should be very cautious about what you post on social media. That’s because insurers and defense attorneys usually scrutinize these posts to highlight inconsistencies in your story or find evidence that could hurt your claim in other ways.
By following these comprehensive steps, you can help ensure your safety, protect your rights, and set an incredibly strong foundation for any potential legal action moving forward. However, it’s important to remember that every case is different, so you’ll need to consult an attorney to learn the best steps for your exact situation.
Common Injuries For Slip and Falls
Slip and fall incidents can result in a variety of injuries resulting from the action or inactions of a negligent property owner, ranging from minor to very severe. Understanding the type and typical costs that accompany such injuries is incredibly important for your slip accident attorney when it’s time to determine liability.
Soft Tissue Injuries: These kinds of injuries are often the most deceptive, because they may not be immediately visible. Soft tissue injuries can include but aren’t limited to:
- Sprains
- Strains
- Tears in muscles, ligaments, or tendons
Not only can soft tissue fall injuries cause chronic pain, but they can also result in more severe injuries if they’re not treated appropriately. Such injuries might not show up until days (potentially weeks) after the fall – Which is why keeping meticulous notes, medical documentation, and seeking timely treatment is critical.
Head Injuries: Falls can lead to very serious head injuries including concussions or traumatic brain injuries (TBIs). Symptoms might range from mild dizziness and confusion to even more severe consequences like noticeable cognitive impairments or long-term neurological issues.
Spinal Cord and Nerve Damage: The fall’s impact can potentially cause devastating injuries to your spinal cord or nerves – Which, depending on the circumstances could lead to temporary or permanent disability, up to:
- Partial or complete paralysis
- Loss of sensation
- Ongoing chronic pain
Spinal injuries are complex, highly nuanced, and usually require long-term medical treatment and rehabilitation.
Bone Fractures: Falls are a leading cause of bone fractures in the U.S., particularly for the elderly population. Common fractures include broken hips, wrists, and ankles. The severity of these injuries can vary. Thus, some could require surgery and lengthy recovery periods while others may just call for bed rest. The impact of such injuries on an individual’s quality of life and independence can have a massive impact on the overall outcome of a slip and fall lawsuit.
Cuts and Abrasions: While less severe than other types of injuries, cuts and abrasions can still be painful and require medical treatment. They are often the most visible injuries and can serve as immediate proof of the fall – which is why a fall accident attorney would most likely recommend you take immediate photos and videos to show the direct impact of the accident immediately after it happens.
Psychological Impact: Beyond physical injuries, falls can also have a deep impact on your psychology and mental health. In many cases, victims may experience anxiety, depression, or even develop a fear of falling again. Not only can this affect their quality of life but it could also hinder their ability to perform their normal day-to-day routines.
Internal Injuries: In many cases, high-impact fall leads to damaged internal organs of internal bleeding. Needless to say, these serious injuries require immediate medical assistance and diagnoses as they can be life-threatening.
Contact a Slip And Fall Attorney in Virginia Today
Has you or a loved one has been injured in a slip and fall accident due to someone else’s negligence? If so, you may be eligible to file a personal injury lawsuit to hold the property owner liable for any unreasonable risks that resulted in your injuries.
Our slip and fall injury attorneys are here to help you assess the viability of your case, gather evidence, value your claim, and recover compensation on your behalf. Don’t wait until it’s too late to pursue a slip and fall claim, contact us today for a free legal consultation with a slip and fall lawyer in Virginia today.
“We Get Justice For Injured People In Court, and We Love What We Do”
We are not settlement lawyers. Sharif Gray has proven that he can and will get results in court, and the insurance companies know that. If you have suffered injuries because of someone else’s negligence, we can help.
Sharif Gray is committed to trying cases well. Because of that, he does not handle hundreds of cases at a time. He is selective in the cases he takes so he can get justice for the people he represents. In every case, he has three goals:
- Hold the responsible corporation or individual fully accountable.
- Make the community safer, so others are not also harmed.
- Compensation that recognizes the full and fair value of what was taken from your health and quality of life.
We love what we do, and we are proud of the positive impact we have had and will continue to have on the people we represent and the community we live in.
If we can be of help to you, please do not hesitate to call us at (804) 915-1611 or contact us online to schedule a free consultation. We will get justice for you.
