Who Could Bear Liability for a Slip and Fall Accident?
The most important aspect to understand about slip and fall cases before pursuing civil litigation is that store managers and property owners are not automatically liable for all accidents that impact visitors to their property. To successfully file suit over a slip and fall, an injured claimant must be able to prove that the manager or owner was negligent in some way.
Typically, this entails showing that the defendant was either directly responsible for the hazardous condition the claimant slipped on, was aware of this tripping hazard but did nothing to address it, or reasonably should have been aware of it by the time the claimant had their accident. Establishing liability on any of these grounds can be more complicated than it might seem. For instance, parties might disagree on how long a store manager has to “reasonably” learn about a spill in an aisle and address it, or what constitutes awareness of the spill.
However, through a successful lawsuit or settlement demand, an injured party may be able to recover for numerous types of losses stemming from the incident. Damages that an attorney on the Eastern Shore could seek for a claimant following a slip and fall accident include medical bills, costs of replacing damaged personal property, lost wages due to time missed at work, pain and suffering, and the emotional impacts of a long-term disability.
Statute of Limitations on Civil Recovery
All personal injury claims in the state are subject to a filing deadline set by the statute of limitations. Under Code of Virginia §8.01-243, an injured party must file a lawsuit arising from a slip and fall within two years of the date on which they were injured. If someone fails to meet this deadline, a court may dismiss the claim immediately. An experienced lawyer on the Eastern Shore could help someone meet this important deadline as well as others following a serious slip and fall accident.
Contact a VA Eastern Shore Slip and Fall Attorney
Recovering compensation after a serious slip and fall can be a tricky prospect under any circumstances, especially if you are attempting to file suit against a nationwide retailer or corporation. Fortunately, a VA Eastern Shore slip and fall lawyer could help you build a strong case for compensation and guide you through the legal obstacles that might otherwise impede your recovery. To talk to an attorney about your legal options, call Cooper Hurley Injury Lawyers today and schedule a free consultation.
