Slip and fall accidents can happen in an instant, but the consequences can be life-changing. From broken bones to traumatic brain injuries, these accidents often lead to significant physical, emotional, and financial burdens.
If you’ve been injured in a slip and fall or trip and fall accident in Virginia Beach or the surrounding areas, you may be entitled to compensation. At Shapiro, Washburn & Sharp, our dedicated slip and fall attorneys are committed to helping you pursue justice and recover the maximum compensation you deserve.
Whether you were injured at a grocery store, a hotel, on a poorly maintained sidewalk, or at another location, we’re here to fight for you. Contact us today for a free consultation and case evaluation with an experienced trip and fall attorney and let us guide you through this challenging process.
It does not cost any money up-front to retain our firm to represent you, as we provide contingency fee representation (we only receive a fee if compensation is obtained). Additionally, as a full-service injury law firm, we advance all litigation costs so that you do not have to pay these expenses while your case is ongoing.
We look forward to hearing from you if you or a family member has been injured. In the interim, we invite you to read the content below that addresses slip, trips, and falls.
What is an Actionable Slip and Fall Claim in Virginia?
A slip and fall claim arises when someone is injured after slipping, tripping, or falling on another person’s property due to hazardous conditions. These claims typically fall under premises liability law, which requires property owners and lessees to maintain reasonably safe conditions for visitors. If a property owner or lessee fails to address dangerous conditions or warn visitors of potential hazards, they may be held liable for the resulting injuries.
Common Causes of Slip and Fall and Trip and Fall Accidents
Slip and fall or trip and fall accidents can occur in various settings and for a variety of reasons. Some of the most common causes include:
- Wet or Slippery Floors: Spills, leaks, or recently mopped floors without proper warning signs.
- Uneven Surfaces: Cracked sidewalks, potholes, or uneven flooring.
- Cluttered Walkways: Obstacles such as boxes, cords, or debris left in walking areas.
- Poor Lighting: Inadequate lighting in stairwells, parking lots, or hallways can obscure hazards.
- Broken Handrails: Faulty or missing handrails on stairs or ramps.
- Weather Hazards: Snow, ice, or rain that is not properly cleared or salted on walkways.
- Unmarked Hazards: Missing warning signs for wet floors, sudden steps, or construction zones.
Virginia’s premises liability law places a duty on property owners and lessees to take reasonable steps to address these dangers and ensure their property is safe for lawful visitors. Failure to do so may result in liability for injuries sustained.
If you or a loved one suffered injuries due to a slip and fall in Virginia Beach or the surrounding communities, we invite you to all our office at 833-997-1774 to schedule a free consultation to learn more about your legal rights and options.
How is Liability Proven in a Slip and Fall Case?
Proving liability in a trip and fall case in Virginia can be challenging. Under Virginia law, you must establish the following elements:
- A Dangerous Condition Existed: There was a hazard on the property that created an unreasonable risk of harm.
- Knowledge of the Hazard: The property owner or occupier knew or should have known about the dangerous condition. This is typically proven through evidence such as:
- Maintenance records
- Witness testimony
- Surveillance footage
- Failure to Address or Warn: The property owner failed to fix the hazard in a reasonable amount of time or neglected to provide adequate warning.
- Causation: The hazardous condition directly caused your injuries.
- Lawful Presence on the Property: You must have been on the property legally, such as a customer, tenant, or invited guest.
Can I Recover Compensation for a Slip and Fall in Virginia if I Was Trespassing on a Property?
In Virginia, recovering compensation for a slip and fall injury while trespassing on someone else’s property is typically difficult. Property owners owe different levels of duty of care to individuals based on their legal status on the property: invitees, licensees, or trespassers. Here’s what you need to know:
Understanding Trespasser Status in Virginia
A trespasser is someone who enters a property without the owner’s permission or legal authority. Under Virginia law, property owners owe limited duties to trespassers. Specifically:
- No Duty to Ensure Safety: Property owners are generally not obligated to make their premises safe for trespassers.
- Duty to Avoid Willful or Wanton Harm: While property owners must refrain from intentionally causing harm to trespassers, they are not required to warn them of hazards or take steps to ensure their safety.
Exceptions Where Compensation May Be Possible
Although the general rule limits a trespasser’s ability to recover damages, there are exceptions where compensation may be possible:
1. Willful or Wanton Conduct by the Property Owner: If the property owner intentionally caused harm to the trespasser or acted with reckless disregard for their safety, the trespasser may have grounds for a claim. For example:
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- Setting dangerous traps.
- Intentionally creating hazardous conditions to harm intruders.
2. Attractive Nuisance Doctrine (For Children): While Virginia does not formally recognize the “attractive nuisance doctrine” as some states do, there are limited circumstances where property owners may be held liable if children are injured while trespassing. For example:
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- A child is injured by an unsecured, hazardous condition on the property, such as an open pool or abandoned equipment.
- The property owner knew or should have known that children were likely to trespass and failed to take reasonable steps to prevent harm.
3. Negligence Toward Known Trespassers: If a property owner is aware of frequent trespassers and fails to address a particularly dangerous hazard (e.g., a hidden hole or unsecured construction area), liability may apply.
4. Mistaken Trespass: If the trespass occurred due to unclear property boundaries or other misunderstandings, a claim might still be viable depending on the circumstances.
The Role of Contributory Negligence in Virginia
Virginia follows a contributory negligence rule, meaning if the injured party is found to be even 1% at fault for their own injury, they may be barred from recovering compensation. For trespassers, this rule often works against their ability to recover damages, as their unauthorized presence is typically seen as contributory negligence.
Legal Options for Trespassers
If you were injured while trespassing but believe one of the exceptions may apply, consulting with an experienced Virginia Beach slip and fall attorney is essential. A lawyer can:
- Evaluate the specifics of your case.
- Determine whether an exception to the general rule applies.
- Help you understand your rights and potential legal options.
Contact Shapiro, Washburn & Sharp for Guidance
If you’ve been injured in a slip and fall accident in Virginia Beach, whether as an authorized visitor or under unusual circumstances, you deserve clarity about your legal rights. As experienced trip and fall lawyers, we can evaluate your case and advise you on your options. Call us today at (833) 997-1774 for a free consultation. Let us help you navigate this complex area of the law and work toward the best possible outcome for your situation.
What Are Common Injuries From Slip and Fall Accidents?
Slip and fall and trip and fall accidents can cause serious injuries that may have long-term consequences. Some of the most common injuries include:
- Fractures and Broken Bones: Particularly in the wrists, arms, hips, and ankles.
- Traumatic Brain Injuries (TBI): Concussions or more severe brain trauma from head trauma.
- Spinal Cord Injuries: Damage to the spinal cord, which can result in paralysis in severe cases.
- Soft Tissue Injuries: Sprains, strains, and torn ligaments.
- Knee Injuries: Torn ACLs or meniscus injuries.
- Cuts and Bruises: Severe lacerations that may require stitches.
- Neck and Back Injuries: Herniated discs or chronic pain.
According to the Centers for Disease Control and Prevention (CDC), slip and fall accidents are the leading cause of traumatic brain injuries in the United States and result in over 800,000 hospitalizations each year.[1]
What Compensation is Available in a Virginia Beach Slip and Fall Case?
If you’ve been injured in a slip and fall accident caused by someone else’s negligence, you may be entitled to recover compensation for both economic and non-economic damages. This includes:
- Medical Expenses: Past, current, and future medical bills, including hospital stays, surgeries, physical therapy, and medication.
- Lost Wages: Compensation for time missed at work and future loss of earning capacity if your injuries prevent you from returning to your job.
- Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
- Out-of-Pocket Costs: Expenses such as transportation to medical appointments or the cost of hiring help for household tasks.
- Punitive Damages: In rare cases where the property owner’s actions were particularly egregious, punitive damages may be awarded to punish the wrongdoer.
The value of your claim will depend on the severity of your injuries, the degree of negligence involved, and other factors unique to your case.
How Much Does It Cost to Hire a Virginia Beach Slip and Fall Lawyer?
As a slip and fall law firm with decades of experience, we understand the financial strain that comes with a trip and fall injury. That’s why we handle all slip and fall cases on a contingency fee basis. This means:
- No Upfront Fees: You pay nothing out of pocket to hire us.
- No Fees Unless You Win: We only get paid if we secure compensation on your behalf.
This arrangement allows you to focus on your recovery without worrying about the cost of legal representation.
What Should You Do After a Slip and Fall Accident in Virginia Beach?
Taking the right steps after a slip and fall accident is critical to protecting your rights and building a strong case. Here’s what you should do:
- Seek Medical Attention: Your health is the top priority. Visit a doctor as soon as possible to document your injuries.
- Report the Incident: Notify the property owner, lessee, manager, or landlord about the accident. Request a copy of any incident report.
- Document the Scene: Take photos of the hazardous condition, such as wet floors or uneven surfaces. Include pictures of your injuries.
- Gather Witness Information: Collect contact information from anyone who witnessed the accident.
- Save Evidence: Keep any clothing or shoes worn during the accident, as they may serve as evidence.
- Consult a Lawyer: Speak with a slip and fall attorney in Virginia Beach to evaluate your legal options.
Why Choose Shapiro, Washburn & Sharp for Your Slip and Fall Claim?
At Shapiro, Washburn & Sharp, we have decades of experience handling slip, trip, or fall cases throughout Virginia Beach and the surrounding areas. Our firm is committed to providing compassionate, client-focused legal representation and fighting tirelessly to secure the compensation you deserve. When you work with us, you can expect:
- Personalized Attention: We treat every case as if it’s our only case.
- Past Results: While every case is unique and past results are no guaranty of future success, we have secured millions of dollars in settlements and verdicts for injury victims.
- No Upfront Costs: Our contingency fee arrangement ensures that everyone has access to justice.
Contact us today for a free consultation by calling (833) 997-1774 or filling out our online form. Let us handle the legal process so you can focus on healing.
[1] The Scope and Burden of Traumatic Brain Injury – Traumatic Brain Injury – NCBI Bookshelf