Personal Injury Attorney

Norfolk, Newport News, and Roanoke, Virginia

Slip and Fall Accidents

 

Personal injury law is a broad category including many different types of cases, including:

• Slip and falls
• Medical malpractice claims
• Wrongful death
• Birth injury

 

Premises liability law is the law that oversees slip and fall accidents and determines who is at fault. Slip and falls cause thousands of injuries every year, some quite serious.

 

Everyone knows slip and fall accidents are dangerous, but determining who is at fault can be complicated. For example, if you slip and fall on your neighbor’s property, are they automatically responsible for your injuries, even if you were alert to possible dangers, such as an icy sidewalk? This is just type of question that blurs the lines of responsibility in cases of slip and fall accidents.

 

Is the Property Owner Responsible for Your Slip and Fall Accident?

 

Premises liability laws vary among states and jurisdictions. Every case is evaluated individually and takes into account whether the property owner took necessary safety precautions, and whether you were careless and contributed to your own accident.

 

To file a successful lawsuit for a slip and fall accident, you must prove the following:

• The property owner caused unsafe conditions, which caused your accident
• The property owner was aware of the unsafe condition but did not correct it
• The property owner should have ‘reasonably’ known about the unsafe condition and taken steps to prevent your injury

 
In the eyes of the court, the concept of “reasonableness” applies to the victim as well as the property owner. Perhaps a better way to express it is “common sense.” If, the victim was where he should not have been or engaged in inappropriate activity, the property owner may not be liable. For example, if you attempted to skateboard down a set of stairs, or walked over a hole in the ground instead of around it, the court may consider this unreasonable behavior on your part.

 

Exceptions to filing a slip and fall lawsuit include:

• Trespassers
•  Property owners may not be subject to trespasser’s injuries, particularly in cases of burglary, etc.
• Children
• Children do not always perceive danger as keenly as adults. Property owners must ensure children’s safety, even when they are not supposed to be present on the property.
• Workplace accidents
• Employers are liable under worker’s compensation laws.
• Government property
• On government property, the federal government is liable for your injury, covered under the Federal Tort Claims Act or similar acts and subject to time limitations for filing.

 

How to Get Help

 

Because slip and fall accident cases can become so complicated, you should always seek the expertise of a qualified personal injury attorney specializing in premises liability law who can honestly help you decide if you have a case and if you should pursue your case. In Norfolk, Hampton, Newport News, Portsmouth, Roanoke, and Virginia Beach, Virginia at Kalfus & Nachman, we offer the experience and compassion you need to get through a difficult time and pursue a claim against the responsible party. Don’t wait to get the help you need! Please contact us today. “Tell Them You Mean Business.”