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Legal Guidance for Slip-and-Fall Victims in Hampton Roads

Virginia Beach law firm successfully manages hard-to-prove cases

A slip-and-fall or trip-and-fall injury can be severe, but the extent of the injury is no guarantee that you’ll be successful in claiming compensation. Under most circumstances, landlords have a duty to make premises reasonably safe for visitors, but landlords have several affirmative defenses. If the hazard is obvious, a landlord can claim that the visitor assumed the risk or was negligent in approaching the hazard. If the hazard is hidden, the landlord might claim insufficient notice or time to cure. At The Stallings Law Group, P.C., we begin investigating immediately. We collect evidence of the hazard and interview witnesses to strengthen your case. Our experience and determination greatly improves your chances of getting the compensation you deserve.

Can I still sue if my own carelessness partially contributed to the accident?

Virginia operates under a pure contributory negligence law, which bars recovery for injured parties whose own negligence contributed in any way to the accident. You must prove one of two elements to be able to sue:

  • Your actions were reasonable — Virginia uses a reasonable person standard in personal injury If a reasonable person in your position would have acted as you did, then you were not negligent.
  • Your actions, though unreasonable, did not cause the accident — If your carelessness is unrelated to the accident, the at-fault party cannot use your actions as an excuse.

For example, imagine you are walking down the aisle of a supermarket. Having placed an item in your cart, you check it off your shopping list and read the next item. Then you take a step, slip on a puddle of mayonnaise and fall to the floor. The store owner says you cannot sue because your own negligence caused the accident. You reply:

  • It is reasonable for a shopper to glance at a shopping list.
  • Glancing at the shopping list did not cause the accident. Even without the distraction of the shopping list, a puddle of mayonnaise on a white floor would not have been readily apparent, and you still would have slipped.

Whether your actions were negligent and contributed to the accident is a question of fact for the judge or jury. Depending on your circumstances, an experienced personal injury attorney may be able to make a convincing argument that you were not to blame.

Contact our attorneys for aggressive representation in Virginia Beach

If you’ve suffered a slip-and-fall accident in Virginia Beach or any other area of Hampton Roads, VA, it’s important to retain an attorney immediately. The Stallings Law Group, P.C. has the experience and resources to fight hard-to-win cases. Call us today at 757-325-9128 or contact our office online to schedule your free consultation and case evaluation.