Fairfax Slip & Fall Accident Lawyers 

Injured in a Slip & Fall in Fairfax, VA? Call Law Office Of Andrew S. Kasmer

Slip-and-fall accidents happen to people across the country, frequently due to safety hazards found on the premises they visit. While a slip-and-fall may not sound serious, these incidents can cause severe physical harm. This risk is especially significant for seniors with fragile health or weakened bones. 

These incidents can occur anywhere, such as grocery stores, malls, office buildings, and parking lots. While causes may vary, in the context of personal injury, the negligence of a premises owner, manager, or resident is often the reason. As a result, slip-and-fall cases fall under the legal category of premises liability. 

If you or a loved one has been injured in a slip-and-fall incident that you believe was caused by a property owner's failure to maintain a safe environment, you may have grounds for an injury claim. At Law Office Of Andrew S. Kasmer, we can review the circumstances of your injuries to determine if legal action under Virginia premises liability laws is appropriate. 

Contact us now at (571) 350-8562 for a free consultation and let our slip-and-fall lawyer in Fairfax, VA, help you get the compensation you deserve.

What Is Premises Liability?

Premises liability is a legal concept that holds property owners, or those who control the property, responsible for the safety of visitors. These individuals or entities must take reasonable steps to maintain a safe environment and warn visitors of potential hazards. A slip-and-fall accident that occurs because of a property owner's negligence may be subject to premises liability.

Common hazardous conditions leading to slip-and-fall injuries

• Wet floors: These are often caused by cleaning, spills, or weather conditions such as rain or snow tracked indoors.
• Uneven surfaces: Includes broken or loose floor tiles, damaged sidewalks, and potholes in parking lots.
• Poorly lit areas: Insufficient lighting can make it difficult to see hazards, increasing the risk of slips, trips, or falls.
• Obstructions in walkways: Items left on the floor, such as cords, rugs, or debris, can quickly become trip hazards.
• Icy or snowy conditions: These are particularly problematic in colder weather when ice and snow are not properly removed from walkways and parking lots.
• Defective stairs and ramps: A lack of handrails, unsafe construction, or poor maintenance can make stairs and ramps dangerous.
• Transitions from one type of surface to another: Abrupt changes in flooring, such as from carpet to tile or a higher to lower elevation, can cause slips if not properly marked.

Types of Slip & Fall Injuries

Slip-and-fall accidents can lead to injuries ranging from minor bumps and bruises to life-altering catastrophic injuries. The most common type of injury involves soft tissue, such as sprains, strains, and tears in muscles, ligaments, and tendons. These can cause pain, swelling, and limited mobility, especially in ankles, wrists, backs, and knees.

The back and neck are vulnerable to falls, leading to herniated discs, whiplash, or muscle strains. The impact of a fall can fracture bones, especially in older adults or those with weaker bones. Common fractures include hips, wrists, arms, ankles, and the tailbone. These falls can also cause head injuries ranging from mild concussions to more severe injuries like skull fractures or traumatic brain injuries (TBI). 

In severe cases, a slip and fall can damage the spinal cord, potentially leading to partial or complete paralysis. This is a life-altering injury requiring extensive medical care and rehabilitation.

Steps to Take Immediately After a Slip & Fall Accident

Experiencing a slip and fall accident can be overwhelming, but knowing your rights and understanding what steps to take is critical. In Virginia, property owners are responsible for maintaining a safe environment for visitors. If you've been injured due to their negligence, you may be entitled to seek compensation for medical expenses, lost wages, and pain and suffering.

Here are the immediate steps you should take:

• Seek medical attention: Even if you don't feel injured, get checked by a healthcare professional, as some injuries are not immediately obvious.
• Document the scene: Take clear photos of the hazard that caused the fall and the surrounding area, including any missing signage or warnings.
• Gather witness information: Collect contact information from anyone who saw the incident. Their statements can be valuable later.
• Report the incident: Notify the property owner, manager, or staff about your fall, ensuring a formal incident report is filed. Request a copy for your records.
• Consult a lawyer: Speak with a slip-and-fall attorney in Fairfax to better understand your rights and preserve important evidence for your claim.

Common Defenses in Slip & Fall Lawsuits

When defending against a slip-and-fall lawsuit, property owners or their insurance companies may make several arguments.

Examples of slip-and-fall defenses include:

• Open and obvious hazard: They may claim the hazard was so apparent that the victim should have avoided it.
• Contributory negligence: The property owner might argue the victim was partially at fault, maybe by not paying attention or by acting carelessly.
• No notice of the hazard: A common defense is that the owner was unaware of the danger and did not have enough time to fix it.
• Visitor’s fault: The owner might argue the victim created the unsafe situation themselves or ignored posted warnings or rules.

How Comparative Negligence Affects Your Case

Virginia follows a comparative negligence rule, which means if a victim is partially at fault for the accident, compensation may be reduced. 

Here’s how this can affect your claim:

• Dividing fault: If a court finds you 20% responsible for the fall, your compensation is reduced by that percentage.
• Impact on your case: The more fault assigned to you, the less compensation you may receive. If you are found to be more than 50% at fault, you may not be able to recover any compensation at all.

Understanding comparative negligence is important for evaluating your case and for ensuring a fair outcome.