Despite popular belief, slip and fall cases in Virginia are very difficult. As we’ve written before, our laws are stacked against victims of negligent property owners. Given that, it’s important that you work with a law firm that knows how to navigate our difficult laws.
At Abrenio Law, we’ve been handling slipping and fall cases for over a decade. To help, we must complete a thorough assessment of your case. If you’re reaching out to us regarding a slip and fall, below is a list of information we’ll be seeking from you. Once you’ve had a chance to review and gather this information, reach out for your Free. Consultation.
What we need to know about your Virginia Slip & Fall Case.
Please make sure to review this list thoroughly. We will be in the best position to help you if you’ve review these questions and can provide us useful insight:
Can we prove how you fell and injured yourself?
To prevail in a Virginia Slip and Fall case in, we must be able to clearly articulate the mechanics of your fall. This means that you must have a clear understanding of what caused you to fall. Further, it’s very helpful to provide photographs and/or video of the defective condition that caused your fall. If you have photos or video, email them to us before your Free Consultation s we talk about them during that consultation.
Can we prove that you had no fault in your fall?
In Virginia, our courts apply Contributory Negligence. Under that standard, if the property owner is 99% at fault for your fall, but you are 1% at fault, you are barred from recovery. That means that if a jury were to find that you weren’t looking where you were walking when you fell, or you fell on something that was “open and obvious,” you will have a difficult time in court proving the case.
To be clear, Contributory Negligence will be an issue in your case regardless of whether you tell us or not. Therefore, if you’re concerned that you may have been partially at fault, you need to tell us immediately. We’d prefer to know what happened up front rather than learning about it after months of litigation and you’ve spent a significant amount in litigation costs.
We have to be able to prove that the property owner knew or should have known of the dangerous condition upon which you fell to win.
In many cases, injury victims call and tell us that they fell on liquid or a foreign substance on the floor, but they’re not sure how it got there. Because of this, it can be difficult to prove that the property owner knew or should have known about the substance, which can be devastating for your case.
In typical cases, we are able to prove that the property owner knew or should have known because an employee admitted to it. Statements like, “sorry, I meant to clean that up but didn’t have a chance,” are always helpful. There also may be video that shows the substance on the floor for a period of time that you’d expect an employee to have discovered it and cleaned it.
If a store employee came up to you afterwards and made statements about the dangerous condition, make sure that you keep record of them because these will be vital in order to prove your claim.
Are your injuries serious enough to warrant litigation costs?
If you have a Virginia Slip & Fall case, you should expect that the insurance company will challenge your claim. This means that it will cost money in order to pursue your case. Given that, typically you must have suffered a serious injury make the cost of pursuing your case make sense, financially.
What this generally means is, at Abrenio Law, our typical Slip & Fall client has suffered a fracture of a bone, tear of a tendon, required surgery or some other form of serious injury. That’s because, if we are successful, the value of their claim would make the cost of pursing risk the worth.
To be clear, if you only suffered a sprained ankle, for instance, you may still have a claim. But, in our view, you’d have to spend way too much money for the potential value of the claim.
Do you still have questions about your Virginia Slip & Fall Case?
Abrenio Law would love to talk to you in further detail about your case. Make sure to give us a call at 703-570-4180. You can also learn about Owner James Abrenio by clicking here.
Even if we aren’t able to help you, our goal is to provide you an up front and honest review of your case. We look forward to talking to you.