Fairfax Slip and Fall Case Process

Slip and fall accidents could result in serious injuries for you. That is why it is important for you to pursue litigation if you have been injured in a slip and fall accident. While pursuing litigation may be overwhelming, a capable slip and fall lawyer could guide you through the Fairfax slip and fall case process. Speak with a skilled slip and fall attorney that could fight for you.

How are Slip and Fall Cases Classified?

Slip and fall cases are classified under the general umbrella of what is called premises liability. Premises liability covers any type of action that happens on someone’s property or someone’s premises. This may include a private homeowner, a corporate entity like a grocery store or a shopping mall or a public-private entity like a sidewalk, a townhouse complex or a park or something of that nature. Premise liability covers all sorts of things and slip and fall may fall under the subsection of the greater section that is premises liability.

Process of a Slip and Fall Case

Slip and fall cases are going to vary significantly from case to case, but the general Fairfax slip and fall case process is going to be similar. Generally, someone is injured through no fault of their own when they slip on a substance or slip on a condition that they do not foresee and do not see prior to falling and then they fall, and as a result of the fall, they are greatly injured and damaged.

Slip and fall cases can take place in a variety of different places, but in general, the outline is the same; someone is taking due care to be cautious about their movements and through no fault of their own, they fall and as a result of that fall, they are injured. The next steps can also vary greatly from case to case. To begin, the general outline is similar; the person is going to receive a medical attention of some sort, receives treatment and hopefully make a full recovery after a period of time necessary to recover from their injuries.

It is a question of what types of injuries they sustain and how long it takes to make sure that recovery is determined; other things like how long the case takes to resolve, whether or not the case resolves in a settlement or trial and whether or not damages are available.

Parties Involved in Slip and Fall Cases

In a slip and fall case, there are two sides. The plaintiff is almost always the injured person. There may be some instances in which the injured person is a minor and should be represented by their parent. There may also be cases in which the person is, unfortunately, deceased as a result of the slip and fall and that would make the slip and fall a wrongful death action, then they are estate would come in and represent them through their personal representative.

The general side is the case may be styled, there is a plaintiff that is the injured party against the defendant who is the responsible party. The responsible party will vary from case to case. It may be the individual, it may be a company, it may be a management company or other entity responsible for a certain property. There are all sorts of different types of defendants that may be involved in the Fairfax slip and fall case process. There may be one defendant, there may be multiple defendants

Contributory Negligence in Slip and Falls

Most states follow a comparative negligence doctrine in which someone’s fault diminishes their ability to make a recovery proportionally. Virginia, however, is in the minority of the states that follow the contributory negligence doctrine which states a pertinent part that if they contribute to their own injury then they are legally barred from making a recovery. That is one of the things that slip and fall attorneys are aware of and must think about when they are evaluating a case.

Burden of Proof in Slip and Fall Cases

Additionally, slip and fall cases have special requirements that are put on the plaintiffs in order to protect property owners and the most significant of these is the notice requirement. What that means, is that during the Fairfax slip and fall case process, the injured party must prove that the property owner or the person responsible for the property’s maintenance knew or should have known about the condition of the property that caused the injury.

This generally means that the plaintiff has to prove something they may not have a whole lot of knowledge about it until they are injured and that is that the property was unsafe, whether it was kept in an unsafe position. Things that are important to look into to prove this notice requirement include: have witness statements, records, maintenance, records of cleaning, all sorts of things that would help and assist a plaintiff in proving that the property owner either knew that those are defenses for dangerous conditions or should have known based upon a reasonable personal requirement.

Working With a Fairfax Slip and Fall Attorney

An experienced slip and fall lawyer can approach these cases with caution and due respect. Slip and fall cases are extremely difficult to litigate in Virginia because much of the existing case law is on the property owner’s side. This includes both the doctrine of contributory negligence, which means that the person is partially at-fault, but the property owner is going to be mainly at-fault, the injured party may be legally barred from recovery. However, a seasoned attorney could devote the time and resources necessary to successfully help an individual navigate the Fairfax slip and fall case process.