Slip and Fall Accidents

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A slip-and-fall accident describes an injury that a person suffers on someone else's property. A visitor or guest may slip, trip, or fall because of a hazard they weren't warned about. An experienced slip-and-fall accident lawyer can help you recover the costs of the injury.

David HoltSamantha Cohn
Legally Reviewed By
Stephen M. Smith
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If you or someone you know was hurt in a slip, trip, or fall accident on someone else’s property, contacting a slip and fall accident lawyer can be the first step to a brighter future. To receive a complimentary case review from our Virginia-based attorneys, contact The Smith Law Center at (757) 244-7000.

Why Do You Need a Slip and Fall Accident Lawyer?

Slip and fall accidents are not trivial injuries. In fact, they are a leading cause of brain injury in the United States according to the Centers for Disease Control (CDC).

As a firm dedicated to effectively litigating traumatic brain injurys, the slip and fall accident lawyers at The Smith Law Center are deeply informed about how these injuries can impact a person’s life. Brain, neck, and spinal cord injuries can permanently change a person’s prospects and their ability to provide for their family. Our attorneys are available to evaluate the specifics surrounding your situation and provide a free consultation regarding your legal options.

For more information on the common causes and legal elements of a slip and fall case, read on.

What Are the Most Common Slip and Fall Injuries?

The most common causes of slip and fall injuries are:

  • Wet floors: Grocery aisle spills, slippery restroom or gym tiles, or icy conditions outside on unshoveled walkways or unsalted roads with hidden patches of “black ice”
  • Uneven terrain: Unkept yards with tripping hazards, misaligned or broken pavements, torn carpets, or workplaces littered with loose tools or other occupational hazards
  • Stair, steps, and ladders: Unsafe, unstable, or poorly designed steps
  • Insufficient lighting: Dark alleys, hallways, or parking lots
  • Lack of safety support: Broken or absent handrails, untextured steps or ramps, lack of warning signs erected for temporary hazards

Slip and fall accidents often occur in homes, stores, and other everyday locations. Both the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control (CDC) recognize the serious consequences of falls at work, in public spaces, and at home. A skilled attorney can help ensure that you are fully compensated for the true cost of a slip and fall injury.

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There is no such thing as a “simple” fall. Any slip or trip could cause a traumatic brain injury (TBI) (TBI) that requires a lifetime of care. Your injury deserves compensation.

Smith Law Center Attorneys

About Smith Law Center

Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.

What Are the Elements of a Slip and Fall Case?

The elements your attorney must prove to achieve compensation in a slip and fall case are known as the four Ds of negligence:

  1. Duty of care: An individual or company had an obligation to provide you with a safe environment.
  2. Dereliction (breach) of duty: The other party failed to provide a safe place, or to warn you about known dangers.
  3. Direct causal link: Their safety failures caused your injury.
  4. Damages: The injuries cost you in time, money, stress, and other losses.

The damages in a slip and fall accident settlement or verdict could help cover:

  • Medical bills and ongoing healthcare costs
  • Lost wages or an inability to earn future wages
  • Pain and suffering — both physical and psychological
  • Wrongful death damages after a fatal accident to help account for both financial and the emotional losses

In the following video, firm founder Stephen Smith shares how he has helped brain injury victims obtain record-breaking settlements.

Why Are Slip and Fall Cases Hard to Win?

The challenges unique to slip and fall injury cases have to do with liability, aka who is responsible. Slip and fall accidents are a type of personal injury case in the broad category of premises liability.

While you can do your best to safety-proof your own home, public locations like retail stores, or residential areas like apartment complexes and nursing homes owe a duty of care to you and others on the premises. If you slip and fall due to a lack of maintenance or precaution, the property owner may be held liable for the cost of those preventable injuries.

A large percentage of slip and fall injuries could have been easily prevented by simple property maintenance. It is your attorney’s job to show that your slip and fall accident was the result of unsafe conditions, not to the “user error” of the individual who slipped or fell over a clear hazard that should not have been there in the first place.

Examples of a property manager or owner’s failure to maintain an area or warn about safety risks include:

  • A spill in a grocery store aisle that the store’s employees/manager fails to promptly clean up or warn patrons with a “wet floor” sign
  • Faulty equipment around an apartment complex like broken stairs, ramps, railings, or lighting.
  • Loose debris in a workplace or job site that isn’t cleared after one shift, creating hazards for the next.

The work of proving a slip and fall injury claim is your attorney’s job, not yours. Contact the experienced legal professionals at The Smith Law Center by calling (757) 244-7000, and empower us to begin building your case right away.

Contact Experienced Slip and Fall Accident Lawyers

Slip and fall accidents can cause catastrophic injuries to a person’s brain, spine, and orthopedic mobility. Individuals over 65 are particularly susceptible to fatal injuries from a slip and fall accident. A lawsuit is one of the most effective options available to individuals who need financial support to recover after suffering a negligent injury.

The Smith Law Center’s notable slip and fall case results include a $12 million+ jury verdict, the largest slip and fall verdict in Virginia history at the time. Also a half-million result for a client who suffered a mild head injury in a slip and fall accident inside a Home Depot.

Contact our attorneys at (757) 244-7000 as soon as you’re able — we have the skills and proven experience to fully investigate your circumstances, and build a case for the maximum recovery amount available. The funds awarded in a slip and fall accident case could improve your healthcare options, secure your family’s financial stability, and improve safety standards that could help save the lives of others.

FAQ

Slip and Fall FAQs

What are the most common slip and fall injuries?

The impact of a slip and fall accident could lead to broken bones, hip injuries, shoulder and knee dislocations, herniated discs and other spinal cord injuries, or a traumatic brain injury like a concussion.

These injuries could permanently harm a person’s cognitive abilities, mobility (full or partial paralysis), mental health, and quality of life.

Where do most slip and fall injuries occur?

Slip and fall injuries can happen anywhere, but most preventable falls occur in average public places like:

  • Community swimming pools
  • Restaurants
  • Malls, gas stations, and retail stores
  • Gyms and workout facilities
  • Entertainment venues and theaters
  • Sidewalks, entryways, hallways, ramps, and stairwells
  • Parking lots and structures
  • Hotels and resorts
  • Bars and nightclubs
  • Apartment complexes and gated communities

Our slip and fall lawyers will assess the details of your situation, help secure any relevant evidence, and build a case that illustrates the property owner’s negligence for settlement negotiations or trial.

Who can be held liable for my slip and fall injury?

Liability in a slip and fall accident will largely depend on where it takes place. It may be an individual person, such as a property manager, or the business as a whole. More than one party might be responsible, based on the circumstances.

Examples of liable parties in a slip and fall accident can include:

  • Management companies, builders, and inspectors
  • Business owners and retailers
  • Hotels and property owners
  • Homeowners
  • Government agencies – such as for failing to warn of a pothole or fix a raised sidewalk

A slip and fall accident lawyer will be able to determine which parties can be held liable for your injuries.

How long after a slip and fall accident can you sue?

The time limit for suing after a slip and fall accident will vary based on the state you live in. This is known as a “statute of limitations.” In Virginia, where The Smith Law Center is headquartered, the time frame for filing a slip and fall lawsuit is typically two years after the date of injury.

One of the key benefits of hiring a slip and fall accident lawyer is that your attorney will ensure you meet all filing deadlines for your case, including the statute of limitations. Contact our offices at ​​(757) 244-7000 — let us handle the legal matters so that you and your family can recover in peace.

Premises Liability Verdicts & Settlements

Jury Awards Record Verdict – Largest Slip & Fall Verdict in VA history

Awarded:
$12,264,302.00
Summary:
HAMPTON, Virginia – Jury awards a record verdict against Miller Mart for mild traumatic brain injury from a slip and fall. This was the largest slip and fall verdict in Virginia history at the time.
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Award of $1,000,000.00 for a Mild Traumatic Brain Injury Due to a Slip and Fall at a Restaurant

Awarded:
$1,000,000.00
Summary:
LYNCHBURG, Virginia – The fast food restaurant paid $1,000,000 full policy limits for a premises liability slip and fall where our client fell on the wet, just cleaned, concrete floor, causing a mild traumatic brain injury.
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