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Slip and Fall Lawsuits: What You Need to Know Before Filing

slip and fall lawsuitsOne moment, you’re walking without a care in the world, and the next, you’re on the ground, injured and unsure of what to do next. If you’ve suffered from a slip and fall accident, you deserve more than just answers—you deserve a powerful advocate on your side to handle your slip and fall lawsuit.

At Merrick Brock PLLC, John Merrick and Les Brock bring a wealth of knowledge and insight to your case. Having spent decades defending large insurance companies and corporations, Merrick Brock PLLC now focuses on advocating for individuals and families who have suffered due to someone else’s negligence. Our team will provide the expertise and personalized attention you need to navigate the legal system and pursue the compensation you deserve.

What Constitutes a Valid Slip and Fall Lawsuit?

Slip and fall lawsuits are a subset of premises liability law. To pursue a successful claim, the injured party must prove that the property owner failed to maintain safe conditions, leading to the accident and subsequent injuries.  

The Role of Premises Liability

Property owners in Virginia must take certain steps to make their premises reasonably safe for visitors. To fulfill their duty, owners should conduct regular inspections and make timely repairs to eliminate potential hazards, such as wet floors, broken stairs, uneven walkways, or inadequate lighting. An owner may be liable for injuries sustained on their property if they fail to fulfill this obligation.

Proving Negligence

To establish a valid slip and fall accident lawsuit, you must prove that the property owner’s negligence directly caused your injuries. 

  • Duty of care. Every property owner has a legal responsibility to maintain a safe environment. The extent of this duty may vary depending on the reason you are on the owner’s property.
  • Breach of duty. The owner breached their duty by failing to address or warn about a hazardous condition, such as spilled liquid or a loose railing.
  • Causation. The breach of duty directly led to your injury.
  • Injuries. You sustained documented harm as a result of the accident.

For instance, if a grocery store fails to clean up a spill in a timely manner and you slip, fall, and break your wrist, the store’s negligence in maintaining a safe environment could form the basis of your claim.

A valid claim hinges on showing that the property owner had a duty to you, that their actions—or lack thereof—directly caused your injuries, and that those injuries are significant enough to warrant legal action.

Steps to Filing a Slip and Fall Lawsuit in Virginia

Filing a slip and fall lawsuit requires careful planning and adherence to legal procedures. Here are the key steps involved:

  1. Seek medical attention. Your health should always be your top priority. Immediate medical treatment ensures your well-being and creates a critical record of your injuries.
  2. Report the incident. Notify the property owner or manager about the accident. Request a copy of the incident report for your records.
  3. Document the scene. Take photos of the hazardous condition, your injuries, and any other relevant details. Collect witness statements if anyone observed the accident.
  4. Consult an attorney. A knowledgeable attorney can help you evaluate the strength of your claim, gather evidence, and navigate Virginia’s legal landscape.
  5. File Your lawsuit. In Virginia, you have two years from the accident date to file your lawsuit. Promptly acting is crucial to preserving evidence and meeting this deadline.

Following these steps can build a solid foundation for your claim and improve your chances of achieving a favorable outcome.

How to Strengthen Your Slip and Fall Accident Lawsuit

A well-prepared case is essential for overcoming the challenges often associated with slip and fall lawsuits. Taking proactive measures can help bolster your claim and maximize your chances of success.

  • Preserve evidence. Keep all accident documentation, including medical bills, the clothing or shoes you were wearing, and correspondence with the property owner.
  • Secure witness testimony. Witnesses can provide valuable insight into the circumstances of your accident and the property’s condition.
  • Hire experts. Professionals such as safety inspectors or medical experts can provide critical testimony to strengthen your case.
  • Be cautious with insurance companies. Avoid giving recorded statements or accepting initial settlement offers without consulting your attorney.

By thoroughly documenting your case and enlisting guidance, you can demonstrate the validity of your claim and counter potential defenses from the property owner.

What Are Some Challenges in Slip and Fall Lawsuits?

Slip and fall lawsuits can be complex, especially in states like Virginia, where specific legal doctrines and classifications apply.

Pure Contributory Negligence Rule

Virginia follows the pure contributory negligence rule, which can significantly impact a slip and fall lawsuit. Under this rule, if you share any responsibility for the incident that led to your injury, even if it’s minimal, you may not be able to receive compensation.

For example, let’s say you slip and fall in a store because the floor is wet, but you were texting on your phone at the time and not paying attention to your surroundings. If the property owner is found to be negligent in not cleaning the spill, but your texting contributed to the accident, the court may determine that you are partially responsible. Under contributory negligence, this could prevent you from recovering any damages, regardless of the store owner’s negligence.

Visitor Classification

Your legal status on the property can significantly impact the extent of the property owner’s duty to you and, accordingly, your ability to recover damages:

  • Invitee. As someone invited onto the property for business purposes (e.g., a customer in a store), you are owed the highest duty of care. Property owners must inspect for hazards and fix them promptly.
  • Licensee. Social guests or individuals permitted to enter the property for non-commercial reasons are owed a lesser duty. Owners must warn licensees of known dangers.
  • Trespasser. Generally, property owners owe no duty of care to trespassers.

Understanding your visitor classification is crucial, as it determines the property owner’s duty of care and the strength of your claim.

Speak to an Experienced Slip and Fall Attorney Now

Filing a slip and fall lawsuit in Virginia can be daunting, but it is an essential step toward securing the compensation you need to recover and move forward. At Merrick Brock PLLC, we are committed to helping you navigate the legal landscape with confidence. Our extensive experience handling personal injury cases allows us to develop effective strategies to tackle any case and fight for the best possible outcome.

Don’t wait to seek legal counsel if you or a loved one has been injured in a slip and fall accident. Contact us today for a free consultation. Our attorneys will guide you through the process, help you understand your legal options, and fight tirelessly to secure the compensation you deserve so you can focus on your recovery.


Posted In: Personal Injury