Slipping and falling at the local grocery store injures more than just your pride. If you slipped, fell, and got hurt due to hazardous conditions on someone else’s property, then you might be able to pursue compensation from the business owner or property manager. A dedicated Arlington slip-and-fall lawyer can take on your case and manage your claim.
What Is the Definition of a Slip-and-Fall Injury?
A slip- or trip-and-fall injury is pretty much what it sounds like; you slip on a slick surface or trip over something, fall, and sustain an injury. When it comes to seeking compensation for losses associated with your injury, a slip-and-fall case is typically considered a premises liability claim.
Slip-and-fall accidents are common. However, many of these accidents can be prevented if the property owner is more attentive to fixing dangerous conditions.
What Are Common Causes of Slip-and-Fall Injuries?
Some common causes of slip-and-fall injuries in Arlington include:
- Failing to clear snow or ice from walkways and sidewalks
- Uneven walkways
- Broken, cracked, or partially missing sidewalks
- Potholes in a parking lot
- Surfaces made slick by spilled liquids or powder
- Freshly waxed floors
- Partially blocked or cluttered hallways
- Poor lighting
- Lack of safety rails on stairs, loading docks, or ramps
A slip-and-fall may seem like a minor tumble. However, the resulting injuries could be serious and impact the injured party’s ability to work and care for themselves for weeks or even months. If you were injured, contact one of our slip-and-fall injury lawyers today.
What Injuries Can Happen as a Result of a Slip-and-Fall Accident?
Suddenly falling on a hard surface can cause serious injuries, especially to your hands and wrists. When you fall, you instinctively put your hands out to brace yourself. But the impact, backed by your entire body weight, could break or strain your wrist or fracture the small, delicate bones in your fingers.
Common injuries our law firm sees in slip and fall accidents include:
- A concussion or traumatic brain injury from hitting your head
- A broken hip or tailbone
- A twisted or broken ankle
- Bruises and contusions
- Spine and back injuries, like a herniated disc
Complications from a break may render someone permanently disabled or leave them with chronic pain. Seniors are more likely to experience complications and more severe injuries from a fall because their bones are more brittle.
Who Can Be Held Responsible for the Slip-and-Fall Accident?
In most premises liability cases, the property owner or manager is the one charged with liability for the visitor’s injuries. This could include a grocery store manager or a small business owner. However, other parties could be responsible for creating the dangerous conditions that caused your fall. These third parties could be a vendor who spills something and doesn’t clean it up or a contractor repairing a sidewalk who doesn’t block off the area or place signs warning visitors of uneven pavement.
An Arlington slip-and-fall lawyer can investigate the circumstances of your fall and determine the parties liable for the hazard that led to your fall.
What Is Needed to Prove the Property Owner’s Negligence?
Virginia law recognizes three types of visitors to a property owner’s premises.
The class of visitor determines the extent of the property owner’s duty:
- Invitee – This category of visitor includes people who visit the premises for the property owner’s purposes. Invitees can be shoppers in a store or diners at a restaurant. For invitees, the property owner’s duty is to keep their property free of all dangerous conditions. If the property owner doesn’t take appropriate care to remove hazards, they could be liable for injuries on their property.
- Licensee – A licensee is a person who is a guest of the property owner. These are social visitors to the premises who are there for their own benefit, like friends invited to a home for a party. The property owner is responsible for taking steps to make any on-site hazards they know of safe or to warn the licensee. If the property owner doesn’t advise the licensee of hazardous conditions, they could be liable for an injury.
- Trespasser – A trespasser enters the property owner’s premises without invitation or permission. The property owner owes the trespasser no duty to make the premises safe or to warn them. As long as the property owner doesn’t intentionally injure the trespasser, they are not liable for any injury to the trespasser.
To successfully prove liability, you must establish that the property operator failed in the duty owed to you as a visitor to the property. However, your own behavior and whether you had the legal right to be on the property can also affect the owner’s liability. If you ignore signs warning you of a wet floor or uneven concrete and walk through the area anyway, you may not have a viable claim for compensation.
What Is the “Open and Obvious Doctrine,” and How Can It Affect My Claim?
Business owners and property managers are responsible for being on the lookout for potentially dangerous conditions on the property. This can include checking for leaks, debris that someone could slip on, or damage to the floor. However, property owners have strong defenses against slip-and-fall victims, including the “Open and Obvious Doctrine.”
This doctrine applies when a hazard is in the open and should be obvious to a reasonable person. In that case, the property owner is not obligated to repair the hazard or warn visitors that it exists. The property owner may not be liable for any harm a visitor suffers because of the condition.
For example, an invitee may enter a store that is remodeling and wander into the construction area as a shortcut – even though it is covered in plastic sheeting. If they slip and fall, the property owner could argue that the hazards of the construction zone were open and obvious.
Contesting this defense can get tricky, though. “Obvious” can be subjective, so you may benefit from hiring a skilled Arlington premises liability attorney to build your case.
What Should I Do After an Arlington Slip-and-Fall Accident?
In the days following your fall, there are a few things you can do to stand a better chance of a positive outcome for your claim:
- See a doctor – Injuries from a slip-and-fall accident may not present symptoms right away. Even if you don’t feel hurt, it’s important to seek medical attention just in case. The medical records created immediately after the fall will be important evidence linking your injuries to the accident.
- Save all documentation – This includes medical records and any incident report the property manager creates after the accident.
- Note the effect your injuries have on your life – Keep a “pain journal” where you rate how you feel each day. Document how your injuries prevent you from working or taking care of yourself, your family, and your home.
- Record your missed wages – You might be out of work for a few days or weeks recovering from the accident. Ask your employer for a record of your absences and how much money you didn’t earn because you missed work. You can ask to be fully compensated for all missed wages or paid time off you used.
- Talk to a lawyer – The property owner’s insurance company may offer you a settlement, which can appear tempting. However, an experienced premises liability lawyer can properly value your case and demand fair compensation for all your current and future losses.
How Much Might My Injury Claim Be Worth?
Settlement amounts in Virginia slip-and-fall cases can vary widely and depend on the particular facts of each case. Your case’s value depends on how badly you were hurt, whether you are permanently disabled, and how much your injuries affect your ability to work and earn a living.
Among other things, compensation for your slip and fall injury could include money for:
- Medical expenses
- Lost wages
- Reduced future earnings
- Pain and suffering
Is There a Time Limit for Filing a Slip-and-Fall Accident Lawsuit in Virginia?
Virginia has a statute of limitations on slip-and-fall accident claims. Under Va. Code § 8.01-243, you have two years from the date you slipped and fell to file a lawsuit against the property owner. If you miss the deadline, the court can dismiss your case without even hearing it. An Arlington slip-and-fall accident attorney can help ensure you don’t miss this or any other important deadlines. Contact our Arlington personal injury lawyers today.
Contact an Arlington Slip-and-Fall Accident Lawyer
Have you been hurt in a slip-and-fall accident in Arlington? Are your injuries preventing you from working or taking care of your family? We can help you demand full and fair compensation for all your accident-related losses. Contact Marks & Harrison today for a free consultation with a knowledgeable Arlington slip-and-fall injury lawyer.
