What Is The Legal Standard Surrounding Premises Liability, And How Does It Relate To Slip-And-Fall Or Trip-And-Fall Injury Cases In Virginia?
A property owner must maintain their property in a safe manner. For example, a grocery store owner would be required to ensure that the floors remain clean and free of any hazards that could cause someone to slip and fall; they would also be required to ensure that products are stored properly, and are not at risk of falling from a shelf and injuring a customer.
The main question in a premises liability case is about notice: did the owner know of or should they have known of the condition that caused the injury? In other words, a spill on the floor would not necessarily justify an action against the owner; it would have to be shown that the substance had been on the floor for an amount of time sufficient for the store owner to notice it and clean it up. For example, if it could be shown that a spill was on the floor for 30 minutes before it caused a customer to slip and fall, then it could be argued that the owner should have identified that spill and removed the danger within those 30 minutes.
What Are The Most Common Causes Of Slip-And-Fall Accidents?
Most commonly, slip-and-fall accidents are caused by items on the floor, whether it’s a tomato that fell off the rack, an item that fell off of a shelf, or a substance that spilled. Typically, the owner is held responsible for such accidents, as they have an obligation to maintain a safe environment and periodically inspect the property for dangerous conditions that could cause someone to sustain an injury.
What Are The Most Common Types Of Injuries That Result From Slip-And-Fall Or Trip-And-Fall Incidents?
There is a wide range of injuries that can result from slip-and-fall or trip-and-fall incidents. Many of these injuries can be quite serious, especially if the injured party is older in age or already had a physical condition.
If I Was Partially At Fault For The Slip-And-Fall Accident That Caused My Injuries, Can I Still File A Personal Injury Claim In Virginia?
If someone was personally at fault for a slip-and-fall accident in Virginia, they could still file a personal injury claim. Prior to determining whether the client was truly negligent in any way, we will thoroughly investigate the case. If the dangerous condition which caused the injury was so open and obvious that anyone would have seen it and been able to avoid it, then that could derail the case and potentially preclude the injured party from obtaining compensation for their injury.
Who Is Responsible For A Hazardous Condition That Caused Someone To Slip And Fall?
The owner of the premises is responsible for any hazardous condition on the property. If the property owner allowed a dangerous condition to exist on their property and someone was injured as a result of that negligence, then the property owner will be held liable.
I Was Injured On Someone’s Personal Property Rather Than At A Place Of Business; How Will This Impact My Personal Injury Claim In Virginia?
The difference between sustaining an injury on someone’s personal property as opposed to a rental property or place of business comes down to the insurance policy. In general, a privately-owned home will be covered by a homeowners insurance policy, which isn’t likely to have as high of an insurance limit as an insurance policy that covers commercial property. As a result, sustaining an injury on a rental property or at a place of business could result in a higher settlement.
For more information on Slip-And-Fall/ Trip-And-Fall Cases In Virginia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (804) 643-4343 today.