No single premises liability accident is the same, but there are some common fact patterns in slip and fall cases. From common causes and injuries, to potential outcomes, there is much that can be expected even before a slip and fall lawyer is hired. Once retained, a local slip and fall attorney can look at the facts of the incident and help build your case. Reach out to discuss the unique aspects of Richmond slip and fall accident cases.
The most common type of slip and fall accidents in Richmond occur due to spilled liquid in grocery stores. These types of accidents occur when the owner or manager of the store fails to warn customers of the potential harm by putting out a wet floor sign. There are also defects like a loose floorboard or unmaintained stairs. Some of the most common injuries that result from slip and fall cases are:
A local lawyer can help make a case for damages due to any of these injuries.
A slip and fall case is impacted if more injuries become apparent later on. As long as the case has not settled or been concluded with a trial, the more injuries they have then the more damages they get to claim. If somebody is receiving long-term treatment, they should bring a medical expert to explain why they require this kind of treatment. This could include ongoing therapy or medical treatment in the future such as surgery.
The property owner has the duty of care in Richmond slip and fall cases but they are indemnified by whoever has control over the property. For example, if somebody owns a large tract of land and they lease it to a grocery store, the landowner is technically responsible for defects in the store.
The only time this comes into play is if the lessor does not have any money, or the lessee does not have any money and they could sue the property owner. The plaintiff’s attorney would still have to prove that they were aware of the condition. In general, the party who has liability is the one that has control over the property.
A judge could rule against the property owner on summary judgment based on proof that a reasonable person would have discovered the defect and remedied it. Conversely, a judge might reject a case on the grounds that no reasonable person could have discovered such a defect. It is common for judges to grant judgment to the defendant without going to a jury trial when the timing of the hazardous condition gives some cover to the defendant. For example, if a shopper slips on a spill 30 seconds after it occurred, it is not the grocery store’s fault. In general, a plaintiff will likely have enough evidence to get to a jury trial.
A slip and fall case is appealed in Richmond by going straight to the Supreme Court of Virginia. There is no intermediate level of appeal in Virginia and most cases do not get appealed so a judgment is usually final.
Since there are many unique aspects of a Richmond slip and fall accident case, it is best to seek help from a local attorney. Property owners have a duty to keep their premises free from hazards that could injure visitors. If you sustained injuries in a slip and fall, call an attorney immediately to see what damages you may be entitled to recover.