LET OUR SLIP AND FALL ATTORNEYS IN TUCKAHOE VIRGINIA HELP YOU MOVE FORWARDContact our firm now online or by phone at (804) 889-0500 to schedule a free case evaluation with our Tuckahoe slip and fall lawyers.
Tuckahoe is a census-designated place (CDP) in Henrico County, Virginia, just west of Richmond, Virginia. Tuckahoe was the boyhood home of the third U.S. President, Thomas Jefferson, and the residence is protected as a National Historic Landmark.
In addition to its 48,000 residents, thousands visit Tuckahoe annually. Inevitably, someone can suffer an injury on another person’s property while visiting the area. Sometimes, the property owner or occupier will be liable for the injured party’s losses.
Our Tuckahoe slip and fall attorneys at River Run Law can review the circumstances of your fall and determine who is responsible for your injuries.
Proving Liability in a Slip and Fall Case
As a general rule, property owners and occupants are liable for certain accidents occurring on their land. The property owner or occupier is not necessarily responsible for every accident. Their liability hinges on proving that their negligence caused the accident.
Negligence requires showing four elements: (1) duty of care, (2) breach of that duty, (3) the breach of the duty was the cause of the damages, and (4) damages.
Property owners and occupiers owe a duty of care to keep their property in a reasonably safe condition. The specifics of their duty of care depend on the status of the person who sustained injuries on their property.
Property owners owe invitees the highest duty of care, meaning they must inspect their property and remedy any dangerous conditions promptly. An invitee is an individual who visits a property to transact business, like a shopper at a grocery store.
Owners and occupiers owe licensees a slightly lower duty of care by warning them of dangerous conditions that are not obvious to the naked eye. The owner does not need to inspect the property for issues. A licensee is someone legally visiting another person’s property for their benefit.
Property owners and occupiers do not owe a duty to trespassers, but they must refrain from intentionally injuring them. A trespasser is someone on the property without permission.
A property owner breaches their duty of care when they fail to keep their property in a reasonably safe condition or fail to warn of an unsafe condition, like a wet floor. Examples of ways a property owner or occupier can breach their duty of care include:
- Leaving trash on the floor for an unreasonable period;
- Neglecting to clean up food or drink spills;
- Leaving several exposed holes on a walking path;
- Mopping without posting a wet floor sign; and
- Leaving dark pathways without proper lighting.
An attorney can locate security camera footage and secure eyewitness statements as evidence of the condition that caused your fall.
The plaintiff proves causation by showing that the property owner’s negligence directly caused your injuries and medical treatment.
While this may seem straightforward, the property owner may allege you suffered injuries before you fell at their store. A personal injury attorney can help you prove that but for the property owner’s negligence, your losses would not have occurred.
Virginia complies with the doctrine of pure contributory negligence, which bars recovery entirely if you contributed to even 1% of the accident, which can be extremely complicated if you are handling it on your own. .
Types of Losses in a Slip and Fall Case
You cannot file a lawsuit if you did not suffer any damages in a slip and fall accident.
Slip and fall settlements help reimburse you for monetary expenses and long-term consequences inflicted by your injuries.
Economic losses are concrete, provable losses caused by a slip and fall accident. Examples of economic damages include:
- Medical bills,
- Rehabilitation services,
- Loss of future earning capacity,
- Lost wages, and
- Property damage.
Your attorney can use receipts and invoices to compile the monetary value of your economic losses.
Non-economic damages represent non-monetary losses caused by your slip and fall injuries. Some examples of non-economic damages include:
- Emotional distress,
- Mental anguish,
- Pain and suffering, and
- Loss of enjoyment of life.
Non-economic losses are harder to prove than economic damages. A slip and fall lawyer can collect evidence like testimony from your therapist and loved ones about the emotional impact inflicted by your slip and fall accident.
Contact Our Slip and Fall Lawyers in Tuckahoe at River Run Law to Discuss Your Case
A slip and fall accident can leave you unable to carry on with your daily life and even result in a permanent disability. A slip and fall lawyer can help you hold the property owner or occupier legally responsible for the losses from your accident.
Our team of qualified attorneys strives to provide clients with exceptional legal services while keeping kindness and compassion first. Our team uses years of knowledge and experience to fight for fair settlement offers that reimburse our clients for their losses.
Frequently Asked Questions
Our team of slip and fall attorneys provides answers to frequently asked questions about premises liability claims below. If you have other questions, you can contact our office to talk to a member of our team.
Should I Tell Anyone About My Fall?
Yes. If you fall on someone else’s property, you should notify the manager or owner of the property as soon as possible.
Although it may shield you from brief embarrassment, hiding the fall will not benefit your future slip and fall lawsuit. The property owner should document your injuries in an accident report. If they do not document the fall, you should do so yourself.
Why Should I Hire a Slip and Fall Attorney?
One benefit a slip and fall attorney can provide is taking over negotiations with the opposing party and their insurance representatives. The property owner’s insurance company will attempt to settle your claim for a settlement valued below what your claim is truly worth.
Our team can compile your losses to determine a fair settlement amount. We can use proof of your losses to negotiate with the insurance company to secure a larger settlement.
A qualified attorney can help you with other aspects of your case, including:
- Gathering witness statements about conditions of the area where you fell;
- Determining whether the at-fault party breached their duty of care;
- Requesting surveillance footage from the accident location; and
- Preparing your case for trial, if necessary.
Our team is committed to giving clients sound legal advice to help them navigate their cases.
How Long Do I Have to File a Slip and Fall Lawsuit?
A premises liability claim is a form of personal injury claim. Personal injury claims in Virginia are subject to a two-year statute of limitations. The statute of limitations is the time in which you can file your lawsuit against the at-fault party to recover compensation.
If you try to file a claim after the statute of limitations expires, the judge will likely dismiss your lawsuit.
Should I See a Doctor After a Slip and Fall Injury?
Yes. You should see a doctor if you suffer injuries in a slip and fall accident. Going to an urgent care clinic or personal care physician will create records of your injuries from the fall.
These medical records will help establish proof of the injuries caused in the slip and fall accident and the losses you suffered from receiving medical treatment.