Virginia Beach Slip and Fall Lawyer
Virginia Beach property owners have a duty to keep their premises reasonably safe for visitors. If a property owner failed to maintain safe conditions and you were injured in a slip and fall, you may be eligible for financial compensation.
That’s where our Virginia Beach slip and fall lawyers come in. Proving the property owner’s liability for your injuries and determining what’s “reasonably safe” requires a thorough investigation. Cooper Hurley Injury Lawyers will build a strong case and pursue maximum compensation for your injuries.
Why Choose Cooper Hurley Injury Lawyers in Virginia Beach
At Cooper Hurley Injury Lawyers, injury law is all we do. This focus makes a major difference when you’re up against powerful property insurance companies. They will do everything in their power to minimize your compensation, but we’re ready to fight back against their tactics to pursue a fair settlement or verdict.
Our team has over 120 years of combined experience fighting for exceptional results for injured Virginia residents. You can trust founding partner John Cooper’s 30+ years of experience representing slip and fall victims in the Virginia Beach area. This advocacy has netted millions of dollars in compensation for our clients, including many record-setting results:
- $6 million for a veteran rendered paraplegic by a fall
- Three of the top 50 million-dollar settlements reported to Virginia Lawyers Weekly in 2023
- The largest reported recoveries in Virginia for a single-car accident victim in 2020 and 2023
You have enough on your shoulders after a tragic slip and fall accident, and the last thing you want to worry about is navigating a legal battle. Allow our team to handle the legal details so you can focus on moving forward.
What Constitutes a Slip and Fall Lawsuit?
Slip and fall lawsuits fall under a legal category called premises liability. Under this area of law, property owners and certain other parties have a duty of care to keep their premises reasonably safe for visitors.
A slip and fall claim arises when a visitor is injured on the premises because the responsible party failed to meet his or her duty of care. Such accidents can occur at various locations, including retail stores, hotels, apartment complexes, sidewalks, and construction sites.
Examples of hazardous conditions that may cause a slip and fall include the following:
- Wet floors
- Uneven or damaged flooring
- Loose rugs or carpets
- Poor lighting
- Broken steps or handrails
- Broken or cracked pavement
- Debris and clutter in walkways
- Ice or snow
Slip and fall accidents can cause injuries ranging from minor bruises to head injuries and even death.
You may be eligible to sue anyone responsible for the condition that caused your injury, such as a property owner, occupant, tenant, business owner, or government entity.
What You Need to Prove in a Virginia Beach Slip and Fall Claim
When you turn to our Virginia Beach slip and fall lawyers, we will evaluate your case to determine whether it meets the criteria for a premises liability claim.
A key element of a slip and fall claim under Virginia law is proving that the property owner knew or should have known about the hazardous conditions that caused your injury. If the property owner knew about the hazard, he or she must either fix it or warn you of its presence. If your lawyer can prove that the property owner had reason to know about the hazard and failed to address it appropriately, you likely have a strong slip and fall claim.
The absence of actual or constructive knowledge of the hazard can absolve the property owner of liability for your injuries. For example, if you tripped over an object that another patron had just dropped on the floor, and the staff had no reason to know about it yet, you might not have a viable claim.
Damages in Slip and Fall Cases
We can recover compensation for any losses that you suffered from your slip and fall accident, including the following damages:
Economic damages:
- Medical expenses for treatment and management of your injuries, such as emergency room visits, hospitalizations, surgeries, doctor’s visits, and medications
- Lost wages from time off work for recovery
- Lost earning capacity if your injuries prevent you from returning to your previous occupation
- Disability-related expenses, including home or vehicle modifications or assistive devices such as wheelchairs
- Property damage, such as a broken phone or glasses
Non-economic damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life resulting from your injury
Punitive damages also are available in rare cases. Virginia courts only award punitive damages for willful or wanton misconduct. These damages are meant to punish the defendant and deter future misconduct. Our attorneys can advise you whether your case qualifies for punitive damages.
Understanding Virginia's Shared Fault Rule
Liability is not always clear-cut in slip and fall cases. Sometimes, a combination of factors might contribute to the accident, including the plaintiff’s own negligence. Unfortunately, this situation can make seeking compensation more complex for Virginia slip and fall victims.
Under Virginia’s contributory negligence law, the defendant is only liable for damages if he or she is 100 percent at fault for the accident. Therefore, you may be ineligible for compensation if you are even one percent at fault for your slip and fall.
For example, if you were distracted by your phone when the accident occurred, you may be considered partially at fault and unable to recover damages. Other behaviors that could contribute to shared fault include ignoring warning signs, running, being under the influence of alcohol, or not using handrails.
Our attorneys will work diligently to establish that your actions did not contribute to the accident. While the contributory negligence law can make slip and fall cases more challenging, our experienced attorneys have successfully pursued such claims for many clients when the defendant tried to blame the client.
Virginia Beach Slip and Fall FAQs
It’s normal to have questions after a slip and fall in Virginia Beach. We’ve answered some frequently asked questions below to help you better understand your legal options.
How long do I have to file a slip and fall claim?
Generally, you have two years from the accident date to file a personal injury claim in Virginia. This deadline is imposed by a law called the statute of limitations. You may lose your right to seek compensation for your injuries if you miss this deadline, so it’s important to promptly consult our Virginia Beach slip and fall lawyers.
Will my case go to trial?
Most Virginia Beach slip and fall claims result in a settlement rather than a trial. Settlements occur when both parties negotiate out of court and agree on a mutually fair amount of compensation. However, going to trial may be the only way to get the compensation you deserve if the defendant refuses to make a fair offer. Our attorneys will discuss these options with you before taking any action and will take the case to trial if it’s in your best interest.
What is the ‘open and obvious’ defense?
The “open and obvious” defense shields a property owner from liability if the hazard that caused your slip and fall was easily observable. This defense may apply if, for example, you slipped on a freshly mopped floor with warning signs clearly visible. Our skilled slip and fall lawyers are familiar with this defense and know how to counter it when defendants attempt to use it to escape liability.
Speak to a Slip and Fall Attorney at Cooper Hurley Injury Lawyers
You shouldn’t have to bear the consequences of someone else’s negligence. Our Virginia Beach slip and fall lawyers are ready to help you seek the compensation you need to move forward. Contact us today at (757) 333-3333 for a free case evaluation.
Find Out What Your
Case is Worth
Testimonials
Free eBook
Get a free copy of “The Best Book About Virginia Car Accidents & Injuries”
Learn what to do after an accident, how to deal with insurance agencies, and when to get help. Download your free copy of The Best Book About Virginia Car Accidents & Injuries.
