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The Law Behind Virginia Slip and Fall Cases

Falling in public not only hurts our egos but may also cause serious injuries. When we visit stores, shopping malls and parking lots we assume that they are carefully maintained with our safety in mind. The fact of the matter is that in many cases they are not. Holding persons responsible for failing to maintain a safe environment within their property is covered under premises liability law.

Hazardous conditions exist in both inside and outside environments. Hazardous conditions that exist outside include pot holes, uneven sidewalks and icy patches in parking lots. Hazardous indoor conditions include spilled liquid or food in supermarkets, improperly lit walkways or stairwells, and damaged flooring. The owners or operators of the premises where hazardous conditions exist may be liable because they failed to clean or maintain the area with the proper care. Owners and operators must ensure that the premises is safe for those who use it.

Slip and fall cases occur under a variety of different circumstances. A careful analysis of the circumstances is important when determining whether the owner is responsible for injuries a person receives on the premises. For example, owners and operators are not responsible in Virginia for hazards that are "open and obvious" to a reasonable person. Virginia law also does not recognize injuries sustained by persons who themselves act negligently on the premises, regardless of whether the owner was also negligent. Lastly, when trespassers enter onto a property without the owner's permission or invitation they are usually not entitled to compensation for injuries sustained as a result of hazardous conditions that exist on the property.

If you or a loved one are injured as a result of someone else's negligence you should follow these steps. First, you should notify the owner or operator of the hazardous condition so that they can remove it. Then you should gather the contact information of anyone who may have witnesses the incident. Then you should contact an attorney that specializes in personal injury law, premises liability law or slip and fall cases.