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Slip and fall accidents can happen anywhere and at any time, and while we should all be careful and watch where we are going, it’s unreasonable to expect the average person to always be hypervigilant about the possibility of a slip and fall everywhere they go. Trip and fall accidents occur when an individual stumbles over an obstruction and falls, leading to physical injuries.
Often, a trip and fall happens because the property owner failed to fix or secure a tripping hazard or put up a warning about the danger. In these situations, the property owner can often be held liable for the injuries suffered by a trip and fall victim.
Virginia premises liability law applies to slip and fall accidents in the Commonwealth, and there are many particulars of the law that can impact whether or not you can hold a property owner liable for your slip and fall injury on their premises.
At Latham & Martin, our personal injury attorneys are well-versed in premises liability law and highly experienced in taking on such cases. We’re dedicated to assisting victims of trip and fall accidents, and we strive to provide comprehensive legal support to those who have been injured. Reach out to an experienced Richmond slip and fall lawyer at our firm today.
A slip and fall accident occurs when a person loses their balance due to a slippery surface, leading to a fall that can cause serious harm. If you are crossing an obviously wet or slippery surface, you know to take extra care, but there are many slip and fall dangers that you don’t know about until after a serious slip and fall accident has happened, leaving you in pain or disabled with a severe injury.
The resulting injuries may range from minor bruises to severe fractures or head trauma.
These obstructions can happen just about anywhere and include uneven flooring, loose carpeting, cluttered walkways, and poorly maintained sidewalks. Other common causes of slip and fall accidents include:
Because slip and fall accidents can so easily happen, property owners have a duty to keep their premises free of dangers or to put up warnings whenever their floors are wet or slippery. If they don’t take these simple measures, an attorney could seek to hold them liable for a slip and fall accident on their property in Richmond.
Property owners are obligated to ensure that their premises are safe for visitors. This includes maintaining flooring, lighting, and other aspects that might lead to slip and fall accidents. If they fail to do so, and you suffer an injury as a result, you may be entitled to compensation. The duty of the property owner varies depending on whether the accident victim was considered a licensee, invitee, or trespasser when the accident happened. For customers in a store, for example, the property owner might have a duty to routinely inspect the premises, clean up any spills, and put up a “wet floor” sign until the surface is dry. For others, though, the owner and employees might only have a duty to warn of existing, nonobvious dangers the property owner already knows about. A lawyer from our team could help explain your legal rights after a slip and fall in Richmond.
A slip and fall claim falls under premises liability law, which is a subset of personal injury law. Personal injury claims are generally based on negligence.
State law stipulates that property owners and occupiers must maintain safe premises for visitors. Failure to correct or warn about known dangers can result in liability for any injuries that occur. However, there are many elements of a trip and fall case that must be proven by the injury victim for a successful claim, and property owners and their insurance companies have many ways to try and minimize the amount they owe or avoid liability altogether.
Property owners must exercise reasonable care to keep their premises safe. The precise nature of this duty, however, can depend on the legal status of the injury victim under state law, specifically whether they are considered a “licensee,” “invitee,” or trespasser on the property at the time the trip and fall occurs.
The second element is breach of duty, meaning that the property owner must have failed to uphold their duty of care. Property owners will insist they did not know the hazard existed on their property and should not be held responsible for it. Depending on the status of the victim, it might be necessary to prove that the owner knew or should have known about the danger yet failed to correct it or warn the public about it. There must also be a direct link between the breach of duty and your injury.
Virginia follows a strict contributory negligence rule, meaning that if you’re found to have contributed to your accident in any way, you could be barred from recovering any damages. Insurance companies lean heavily on this doctrine and will often argue that the accident victim was not paying sufficient attention to where they were going or that the dangerous condition was obvious and could have been avoided.
A claimant must prove that they suffered damages or losses due to the injury. A trip and fall victim should be able to recover for all of their present and future medical costs, as well as compensation for pain and suffering, loss in quality of life, disability or diminished earning capacity, and other legal damages. Expect insurers to downplay the severity of the injury, disputing the medical evidence and prognosis of your doctor and substituting their own opinions.
Because the legal intricacies of a slip and fall claim can be complex, it’s essential to get an experienced lawyer who knows the law and could ensure Richmond property owners are properly held liable.
Navigating the legal process can be complicated, especially when dealing with the emotional and physical stress of an injury. At Latham & Martin, our lawyers are committed to providing comprehensive legal support to those in the Richmond community who have been affected by slip and fall accidents. We know how to build a case and deal with complex accidents and argumentative insurance companies. You can expect all of the following when you retain us to handle your slip and fall claim:
If you or a loved one has been injured in a slip and fall accident, the dedicated attorneys at Latham & Martin are here to help. We understand the challenges you face and are ready to guide you through the legal process and fight for your rights.
Latham & Martin is committed to providing top-tier legal support for trip and fall victims in and around. With our vast knowledge of state-specific laws and dedication to our clients, we’re here to help you get the compensation you need and deserve.
To schedule a free consultation with one of our experienced attorneys, please call us at 804-821-0090 or fill out our online contact form. Let an experienced Richmond slip and fall lawyer stand by your side. Together, we’ll seek the justice and compensation you deserve.