Slip and Fall Lawyer Virginia Beach
If you fall and suffer an injury while on someone else’s property, you may have a personal injury claim to seek compensation. Our Virginia Beach slip-and-fall lawyers are happy to help evaluate your case. At Shapiro, Washburn, & Sharp, we are committed to helping you pursue justice and recover the maximum compensation you deserve. Call us today at 833-997-1774 for a free consultation.
What Is a Slip-and-Fall?
A slip-and-fall occurs when someone is injured due to a hazardous condition on someone else’s property. In the legal world, this falls under premises liability, an area of the law dealing with property owners and others responsible for maintaining a safe environment. Slip-and-fall cases can be complicated in Virginia, so it is critical to contact an attorney as soon as possible.
Some common examples of slip-and-fall incidents include:
- Wet or slippery floors—If the personnel at the location spilled something or mopped the floors and failed to put up warning signs, this could be considered negligent.
- Uneven surfaces—Cracked sidewalks, loose tiles, or even potholes can cause slip-and-fall accidents, for which the property owner may be liable.
- Inadequate lighting—Poor lighting in stairwells or walkways can create a risky situation. A person may not be able to see a hazard and may slip and fall.
- Obstructed pathways—If the property owner fails to keep pathways clear, allowing clutter, cables, or other merchandise to block walkways, they may be held responsible in a slip-and-fall case.
What Must I Prove in a Slip-and-Fall Case?
Like all cases involving negligence, slip-and-fall cases require proof of certain legal elements. In this regard, the duty of care differentiates slip-and-fall cases from other types of potential negligence.
The duty of care owed to the injured person frames the analysis. This depends on what category of visitor the person falls into:
- Invitee: This is someone who is invited onto the premises, usually for business purposes. Customers, for instance, are business invitees. These individuals are owed the highest duty of care. The property owner must take reasonable steps to ensure the premises are safe and warn of known hazards.
- Licensee: This is most often a social guest, such as a friend visiting another friend’s home for a party. The owner must warn their guests about any obvious hazards, but they aren’t required to inspect the place for unknown risks.
- Trespasser: Property owners owe the lowest duty of care to this kind of visitor. In most cases, they only must refrain from willful and wanton conduct. There are limited exceptions in cases such as those involving children. If, for example, a property owner has a swimming pool behind their home or other “attractive nuisance” that is likely to draw children to it, they may have to take certain steps to prevent harm.
Open and Obvious Hazards vs. De Minimis Hazards
If a hazard is large enough and clearly visible, the property owner or other potentially responsible party may not be liable because the law expects people to see and avoid such hazards. These types of hazards may be considered “open and obvious” and could include something like a large hole or broken pavement in a well-lit parking lot.
On the flip side, if a hazard is small and minor—called a de minimis hazard—it may be too insignificant to hold a property owner responsible for a resulting injury. Examples include small sidewalk cracks, a small carpet tear, or a shallow puddle. It is not always clear whether a hazard is open and obvious, de minimis, or of sufficient size to support a negligence claim—which is why it is important to contact the attorneys at Shapiro, Washburn & Sharp to evaluate your case.
What Is Notice in a Slip-and-Fall Case?
To prove that a property owner is responsible for a slip-and-fall case, you must prove that they had actual or constructive notice of the hazard. That means you have to show that the owner knew (actual notice) or should have known (constructive notice) about the dangerous condition and that it existed long enough that they should have done something about it.
This is where video evidence can become extremely important. Surveillance footage can show how long the hazard was there, whether employees ignored it, and whether the owner or manager followed standard safety protocols. It is important that your attorney send a preservation letter to the responsible party to ensure that video evidence is not deleted or recorded over.
How Can a Slip-and-Fall Injury Attorney Help?
After suffering a slip and fall, you’re likely to have many questions about your rights. Contact us at Shapiro, Washburn, & Sharp today. We would be happy to review the facts of your case and help you decide your next steps, as we did for the client we mentioned at the beginning of this article.
In one case, a property owner was prepared to argue that our client could have fallen and injured himself on any set of steps because he was in the early stages of Parkinson’s disease. We countered that argument by gathering evidence to show the staircase violated state and local building codes. The case went to trial, and we presented arguments that resulted in a $800,000 verdict for our client.
Give us a call if you or a loved one was hurt in a slip and fall. We can meet with you in our offices in Virginia Beach, Portsmouth, Hampton, Norfolk, Chesapeake, Suffolk, or Kitty Hawk, North Carolina.