A slip and fall accident is not always someone else’s fault, but there are times when another party is to blame. If you suspect that this may be true after you were injured in a fall, consult The Pendleton Law Team. Our personal injury lawyer serving Ashburn can evaluate your case.
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How Our Slip and Fall Accident Lawyer Serving Ashburn May Improve Your Chances of Recovering a Settlement
Slip and fall accident cases present several unique complexities. An experienced lawyer can approach your case based on their knowledge of the obstacles to be overcome.
These include:
- Establishing whether someone else may have been negligent
- Correctly identifying the party who may be held accountable for your fall
- Seeking and preserving evidence that may support your case
- Preparing a strategy and identifying the objections defendants might raise
These cases are particularly challenging in Virginia. If defendants can show that you have even a small degree of fault, it may bar recovery under Virginia’s contributory negligence rule.
Nevertheless, our slip and fall accident lawyer handling cases in Ashburn from The Pendleton Law Team may be able to help you navigate this challenge.
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Establishing Negligence in Ashburn Slip and Fall Accident Cases
There are several factors your lawyer must consider when determining whether you have a case. If they believe you may have one, they must demonstrate these points to support an insurance claim or lawsuit.
Negligence is a key consideration. In law, there are four criteria for establishing negligence. In the context of slip and fall accidents, they are:
Duty of Care
Property owners or occupants have a duty of care towards lawful visitors. Specifically, they should maintain their premises in a reasonably safe condition. Lawful visitors are either invitees (e.g., customers) or licensees (e.g., visitors).
There are some limitations that may apply. For example, Virginia Code § 29.1-509 limits liability when property owners host people for hunting and fishing.
Breach of Duty
Showing there was a breach of duty is the next hurdle to overcome. In slip and fall accidents, it means you must show that:
- There was a hazardous condition that a reasonable person would recognize as a danger to visitors.
- The entity responsible for the property knew or should have known about it.
- They did not make an effort to address the issue or warn visitors of the danger.
For example, soap was spilled onto a store’s floor. If the spill had happened seconds ago, there might not have been time to warn customers or to become aware of the hazard.
There was no breach of duty. If, on the other hand, some time had elapsed, it may be fair to suppose that the staff breached the duty of care. They did not place warning signage or address the spill.
Causation
The next component is causation. In other words, we must search for ways to show that the breach caused your accident. In our example, you stepped into the soap spill, causing you to fall. Additionally, we must show that your fall was foreseeable.
Damages
Finally, we must show that your slip and fall caused damages that the law would consider compensable. In this case, any injuries you suffered may give rise to a range of damages against which you may seek compensation. These might include:
- Medical costs
- Lost wages or earnings
- Pain and suffering
In very serious accidents, damages can include disfigurement or disability and loss of the ability to enjoy life as you did before. Your attorney may help you calculate the total value of your damages using supporting evidence and expert witnesses.
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Identifying Liable Parties in Slip and Fall Accident Cases
In our soapy spill example, the store owner is likely liable for your accident, but not all slip-and-fall cases are as straightforward. Depending on where your accident happened, and who was responsible for keeping the area safe, possible liable parties include:
- Building owners or landlords
- Tenants
- Contractors
- Government entities (subject to immunity rules)
In some cases, more than one party is liable. Your slip and fall accident attorney serving Ashburn can work to determine who was negligent and may assess the extent of their liability using their experience and legal precedents.
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Evidence in Ashburn Slip and Fall Accident Cases
A potential case for negligence and the identification of who may be liable make up the broad outline of your case. Now, your lawyer may follow the steps involved in how to prove fault in a slip and fall case. Evidence they might gather includes:
- Photos and videos
- Witness statements
- Footage from surveillance cameras
- Building maintenance and cleaning logs
- Records of prior incidents
If you have identified witnesses or have access to any photographic evidence, it might help. Other evidence may be controlled by a liable party.
Your attorney representing slip and fall accidents in Ashburn may need to act quickly to preserve evidence that other parties hold. For example, CCTV footage is usually only stored for a limited time.
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Typical Defenses Raised in Slip and Fall Accident Cases
There are several arguments that defendants can use to cast doubt on your claim and escape liability for your damages. Thorough preparation may help your lawyer counter them. Typical defenses raised include:
- Claiming the hazard was so obvious that you should have seen it and avoided it.
- Trying to demonstrate that you were negligent. For example, you were distracted.
- Claiming that you were not injured on their premises is a strategy frequently chosen if injury symptoms only became apparent some time after your accident.
Although this sounds intimidating, an experienced lawyer may have anticipated challenges and prepared evidence and counterarguments.
That’s one of the reasons why choosing professional representation may be among the most important things to do after a slip and fall accident.
Contact the Heavy Hitters® About Your Slip and Fall Accident
The Pendleton Law Team understands that you may be dealing with serious injuries and high costs after a slip and fall accident. If we believe that we may help you recover compensation, we typically work on a contingency fee basis. That means you only pay our fees if we win.
We are dedicated to protecting the rights of people who have been injured and believe that every client should receive personal service. Reach out to our slip and fall accident lawyer serving Ashburn for a free case assessment.
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