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Virginia Slip and Fall Accident – Asking Key Liability Questions

February 12, 2013 by The Parrish Law Firm

Virginia slip and falls accident can cause both emotional and physical suffering, as well as expensive medical bills. Parrish Law Firm, PLLC is here to give you some information on possible legal action in a slip and fall personal injury case.

Determining Liability

In order to prove that a property or business owner is liable in a slip and fall accident, there are a few conditions that need to be in place. They typically include:

  • The owner/operator of the premises or their employees must have caused the spill, slippery, or dangerous spot that caused the accident.
  • He or she must have had knowledge of the dangerous spot and done nothing to remedy it. OR
  • He or she should have known about the dangerous spot, because a person taking reasonable care of the property would have noticed and remedied the dangerous spot or situation.

While the first two are fairly clean cut, the third has room for considerable ambiguity, especially with the phrase “should have known.” Often times, it comes down to common sense, and whether a reasonable person would have picked up on the danger.

Asking Key Questions

If you’re not sure whether you have a potential case, ask yourself these key questions to see if you should consider pursuing a personal injury lawsuit:

  • Had the dangerous spot/area been there for a long enough period of time that the owner/operator of the premises or their employees should have known it was there?
  • Was there a justifiable reason for the dangerous spot or object to be there?
  • If there was a reason for the object underfoot to be present there but the reason no longer existed, was it possible for the object to be relocated, removed or made safe?
  • Was there a safer place for the object?
  • Could a barrier or warning have been erected to prevent people from potential injury?
  • Did broken or inadequate lighting play a factor in the injury?

Each personal injury case is unique, and determining liability of a property owner can be difficult and tedious. The slip and fall attorney at Parrish Law Firm, PLLC is here to help. Call us today at 703-906-4229 or send us an email and tell us about your accident.

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