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“They sent somebody to visit me in the hospital and get my side of the story (totally free). I was assigned Mr. Crawford and told that we had a case. Fast forward about 9 months later and I received literally 14x what the insurance company had offered me. This is after the lawyer and medical fees as well. So basically this was totally free and I barely had to do anything I am so glad I called Marks and Harrison and I will be recommending them to all of my family and friends.”— Robert Smith
A slip and fall can occur when a business or other property owner fails to use reasonable care to make their premises safe for customers and other lawful visitors. If you or a loved one has suffered an injury in a slip and fall that was caused by a property owner’s negligence, you may be able to seek compensation for your losses through a “premises liability” claim.
However, a slip and fall accident claim can be difficult to prove. It typically involves complex legal and insurance issues. This is why it is important to get help from an attorney with experience in this area of the law, especially if you have experienced a slip and fall at work. Don’t hesitate to contact our Richmond premises liability lawyers or slip and fall lawyers today!
You should contact the personal injury attorneys at Marks & Harrison. We have an extensive background in slip and fall cases in Richmond and throughout Virginia, including:
- $271,407 recovery – A tenant was injured in a fall at his apartment complex, walking down exterior steps when the bull nose stripping on the stairs pulled away.
- $180,000 recovery – A moviegoer slipped and broke her leg while stepping onto a concrete floor that had been too highly polished.
- $100,000 recovery – A grocery store customer fell on wet carpet at a store entrance and injured his knee.
The result obtained in a slip and fall case depends on factors that are unique to each case. Our past case results do not guarantee or forecast what could be recovered in your case.
It will be important to meet with us so we can review specifically what happened in your case and get to work right away on seeking the compensation you deserve. Call us today or reach us online to get started today with a free consultation.
What Is a Slip and Fall Injury?
A slip and fall is an accident that can be caused by a dangerous condition on property owned (or possessed) by an individual, business or government. It can occur due to conditions such as:
- An uneven or broken walking surface
- Loose rug or frayed carpeting
- Lack of sufficient lighting in a hall or stairwell
- Broken handrails
- Wet, oily or otherwise slick floors
- A hole in the ground or an object sticking out of the ground
- Snow, ice or water caused by weather conditions
- Neglect of a nursing home staff.
A slip and fall injuries can be a serious accident that leads to severe injuries, including:
- Arm, wrist and hip fractures
- Back, neck and spinal cord injuries
- Shoulder and other upper-body injuries, including a broken collar bone
- Head and brain injuries, including concussions.
Anyone can suffer a slip and fall injury. However, the injuries may be more serious when the victim is an elderly person who may face complications related to age and health. It is important for any slip and fall victim to get immediate legal help.
How Do You Prove a Slip and Fall Claim?
Not every slip and fall results in a claim for compensation. This is why it is crucial for an attorney to carefully review your case. Three key issues in slip and fall cases in Virginia are:
- What was your status as a visitor? Your status determines the duty that was owed to you by the property owner. Under Virginia law, the highest level of care is owed to “invitees.” These are visitors who are invited to an owner’s premises for the owner’s business purposes or for a reason for which the property is generally held open to the public. A customer in a store is considered to be an invitee. As an invitee, a property owes you a duty to use reasonable care to make the premises safe and warn you about any hidden dangers. If you were on the property with the owner’s permission but for your own benefit (not the owner’s benefit), then you would be considered a “licensee.” The owner would owe a lesser duty of care to you. If you were on the property without permission, you would be a “trespasser.” The only duty owed to you by the owner would be to refrain from intentionally or wantonly harming you. Of course, if you go outside the scope of property owner’s permission – for instance, you are a customer in a store who wanders out of the shopping aisles and into a restricted area – then you could lose your status as an invitee.
- Did the property owner have notice of the dangerous condition? To be held liable, a property owner must have notice of a dangerous condition. This notice can be actual or “constructive,” meaning that an owner’s notice can be inferred. Notice generally can be proven where:
- The property owner (or one of its employees) created the dangerous condition
- The dangerous condition was noticeable and existed for a sufficient period of time.
For this reason, an important aspect in your case could be providing proof of when a dangerous condition arose and how long it existed without being addressed by the property owner. For instance, if a landlord received several complaints about a broken handrail, it would lean towards negligence.
- Was the dangerous condition an “open and obvious” one? In many slip and fall cases, a property owner will try to avoid liability by arguing that the hazard was “open and obvious.” In other words, you knew or reasonably should have known about the dangerous condition, and as a result, your own negligence in slipping or tripping over it caused your injuries. It is crucial to work with a law firm that will aggressively fight any attempts to place undue blame on you for the injuries that you have suffered in a slip and fall.
What Can You Recover in a Slip and Fall Lawsuit?
If you have been hurt in a slip and fall, you may be able to recover damages that will provide compensation for your:
- Past and future medical expenses and other related expenses
- Lost wages and future diminished income
- Physical and mental pain and suffering.
If a fall resulted in the wrongful death of a loved one, you would seek a different set of damages through a wrongful death claim.
How Can a Slip and Fall Lawyer Help You?
At Marks & Harrison, we work with experienced investigators who can help us to determine why your slip and fall accident occurred and who should be held responsible for it. We can also consult with safety experts and medical experts who can assist us with preparing a claim for damages on your behalf.
Our goal will be to obtain a timely, full and fair financial recovery for you through a settlement of your slip and fall claim. However, if necessary, we will be ready to take your case into the courtroom and fight for the compensation you deserve.
Most businesses, and their insurers, challenge slip and fall claims. It will be crucial to have an attorney by your side to protect your rights at every stage.
Contact a Richmond Slip and Fall Attorney
If you or a loved one has suffered injuries in a slip and fall, you can count on the lawyers of Marks & Harrison to work hard for you and seek the compensation you are due. We serve clients in Richmond and from our offices located throughout Virginia. Contact us today for a free consultation.