Property and business owners have a responsibility to maintain their properties in a reasonably safe manner for their legal guests. If they fail to do so, and someone is injured as a result, they may be held liable for the injured person’s damages through a personal injury lawsuit.
In Virginia, you will typically have up to two years from the date of the injury to file your claim. The damages you recover can help pay for your medical expenses, lost wages, and any emotional distress you experienced because of the fall.
Proving a slip-and-fall claim
Filing a successful premises liability claim requires you to prove that the store owner, landlord, or owner of the property on which you fell is responsible for your accident and your injuries. You will also need to show that they knew or should have known about the dangerous condition that caused your accident but failed to take reasonable action to fix it. You will also need to prove that you suffered injuries and damages related to your slip-and-fall.
Evidence in premises liability cases may include the following:
- Photos: Photos of the area where you fell can help identify the dangerous condition which caused your fall (e.g., ice or uneven carpeting).
- Surveillance footage: Video of the area where you fell can show what was happening in that area before, during, and after the accident (e.g., an employee walking by a spilled substance on the floor without cleaning it up).
- Eyewitness testimony: Visitors, customers, employees, or other people in the area when the accident occurred can explain what they saw occur.
- Records: Property owners should have records of any inspections and maintenance that occurred on the property prior to the accident.
- Incident reports: If you filed an accident report with the property or store owner after the accident, this may provide information regarding the accident.
The evidence listed above may be essential to your case, as it can help establish that the property owner should be held liable for your slip-and-fall injuries.