Establishing Liability in a Fairfax Slip and Fall Case

Slip and fall accidents involve an individual falling due to someone else’s negligence. In slip and fall cases, a slip and fall attorney’s main job is to show that the at-fault party is liable for their injuries. A knowledgeable slip and fall lawyer could guide you through the process of establishing liability in a Fairfax slip and fall case. In doing so, they could help you recover the compensation that you deserve.

Elements That Must Be Proved in a Slip and Fall Case

There are two different things that must be proved in a slip and fall case. The first phase in any slip and fall case is determining liability.  Liability is simply a legal term for who is at fault and if the defendant is found to be at fault and they are found to be liable, then they must pay damages for the injuries that they have caused the plaintiff.

If the plaintiff is found to be even partially liable, then the defendant under Virginia law, known as contributory negligence cannot be found responsible and the plaintiff is barred from making a recovery. By establishing liability in a Fairfax slip and fall case, an attorney could ensure that the plaintiff recovers compensation for their injuries.

How Liability is Established

Liability is determined on a case by case basis, but generally, an experienced slip and fall attorney is going to look at things like witness statements, maintenance records, cleaning records, recordings of the incident whether they be audio or video, statements of individuals involved. All of these things will determine whether or not they can prove liability. Lawyers look at the factual circumstances, how they case occurred, and things of that nature/

The type of evidence that may be presented to establishing liability in a Fairfax slip and fall case varies. Generally, this may include witness statements, videos, direct testimony, records including maintenance records and things of that nature.

Impact of the Age of the Injured Party on the Case

Generally, the age of the injured party is not going to be a determining factor into whether or not there is liability, but it may determine whether or not there is a contributory negligence defense. Virginia law is specific at which age a person can be found to have the capacity to contribute to their own negligence. This mainly occurs in cases involving minors.

Where Will a Slip and Fall Case be Heard?

Depending on the amount of value sought, if a slip and fall case goes to trial, it may be heard in either the Fairfax General District Court or the Fairfax Circuit Court. The Fairfax Circuit Court has regional jurisdictions for all slip and fall cases and has concurrent jurisdiction with the general district court for cases that involve less than $25,000 in damages.

If someone so chooses, they can file a case for less than $25,000 in damages in the Fairfax General District Court. The Fairfax General District Court will include cases that are brought in Fairfax County, Fairfax City, as well as the town of Herndon and the town of Vienna. These all get heard in the Fairfax General District Court, which is located on Chain Bridge Road in Fairfax, Virginia.

Determining Damages in Fairfax Slip and Fall Cases

The second phase when establishing liability in a Fairfax slip and fall case is determining the appropriate measure of damages. There are not damages without liability and then liability without damages means that the case may just have a modicum or, a small result.

After liability is determined and they go through the damages phase and damages is determined, to what degree should the plaintiff be compensated for the injuries they sustained. There are a variety of factors that go into the calculation of damages and those include injuries, amount of medical bills incurred, lost wages, any permanent limitations based on present and future abilities because of their injuries sustained, as well as a general category known as pain and suffering. A capable slip and fall attorney could guide an individual through the damage determination process and could help individuals recover the damages they deserve.