Establishing Liability in a Portsmouth Slip and Fall Accident

Slip, trip and fall accidents are oftentimes sudden, scary, and potentially debilitating. Injuries from a slip and fall accident can include: 

  • Broken bones
  • Torn ligaments
  • Dislocated hip
  • Head injuries
  • Spinal cord injuries 

Along with suffering tremendous physical pain, slip and fall victims are often left dealing with substantial medical bills, lost wages from not working, and long-term health consequences.

If someone else’s negligence created the conditions for your slip and fall accident to happen, you may be entitled to financial restitution for your harms and losses. 

Negligence and Liability in a Slip and Fall Accident

All property owners must keep their indoor and outdoor spaces safe for visitors, guests, employees, and customers. In Virginia, for example, the threshold for liability in a slip and fall accident includes proving:

  • The liable party knew, or should reasonably have known, about a hazardous situation on their property.
  • The liable party had sufficient time to address the problem and failed to do so, which could mean either correcting the situation or providing an adequate warning about unsafe conditions.
  • The liable party’s negligence exposed you to unnecessary risk and led to your slip and fall accident.
  • The accident caused actual damages (e.g., economic harm)

Who May Be Held Liable in a Slip and Fall Accident

When it comes to filing an injury claim stemming from a slip and fall accident, the owner of the property is typically who will be deemed liable for the incident and for compensating you for your harms and losses. Depending on the specific facts of your case, some other potential parties that could held liable include:

The Company Operating on the Property

A business in Portsmouth, or elsewhere in Virginia, renting a commercial space assumes liability for a slip and fall on the premises. 

Homeowners

Private homeowners have a legal obligation to make their property reasonably safe for guests or visitors who have a valid reason to be on the property. That means they can potentially be liable for negligence after a slip and fall at their residence.

Tenants

Property owners are not usually liable for a slip and fall accident inside an apartment rented to someone else. In this case, the victim would likely file for damages from the responsible party’s renters’ insurance.

Municipalities

Cities and towns must maintain streets, sidewalks, parks, and other public spaces reasonably. Victims of a slip and fall accident caused by potholes, overgrown tree roots, or poorly-lit walkways could pursue a negligence claim against the government that should have been responsible. ​

Construction Companies

Building sites are known for creating dangerous conditions that can potentially injure pedestrians in the immediate area, such as debris that doesn’t get cleaned up. In this case, the construction company managing the site would be legally responsible for creating hazards that lead to severe injuries.

Have Questions? Speak to an Experienced Portsmouth Personal Injury Attorney

If a slip and fall accident left you seriously injured, take action to learn more about your legal options. Contact our law firm to schedule a free, confidential case review.