Portsmouth, VA Slip and Fall Lawyer

To hold someone else liable for damages suffered after a slip and fall accident, an injured person must prove that the at-fault party person or business was negligent.  While a slip, trip or fall case can be brought against an individual person that causes your accident and injuries, these types of personal injury cases are often brought against business establishments, such as hotels, motels, department stores, grocery stores, and restaurants.

Slip and fall personal injury accident claims can be very challenging to win in Virginia.  First, in order to prove that the business was negligent, you must be able to show that the business had noticed (either actual or constructive) of the condition or hazard that caused your injury.  For example, if someone falls on some water in a grocery store aisle, it is the burden of the injured person to prove that the store either knew or should have known that the water was on the floor. This is why a prompt and thorough investigation, often with the help of a personal injury lawyer, is so critical.  It is important that evidence such as witness information and video is preserved.

Even when an injured person is able to prove that a business was negligent in causing a trip and fall, Virginia law may still not allow for recovery.  In Virginia, if an injured personal shared any fault, even merely 1%, and that fault was a proximate cause of the accident, that injured person gets nothing.  Because of this harsh Virginia rule, insurance companies and businesses look for opportunities to argue that the injured person shared fault or could have done more to ensure their own safety.  It is often advisable to discuss your case with a personal injury lawyer before making any statements to an insurance company.  An insurance company may try to twist your words to argue shared fault, which can preclude you from receiving any payment for your injuries.