WHY SLIP-AND-FALL CASES ARE HARD TO WIN
A property owner isn’t automatically responsible just because you fell on their property. To recover, you generally have to show the owner knew — or should have known — about the hazard and failed to fix it or warn you in time. That “notice” question is the battleground of most slip-and-fall cases: how long the spill was there, whether the step had been broken for weeks, whether anyone had complained. Building that record quickly, before the evidence is cleaned up or repaired, is where these cases are won or lost.
Virginia makes them tougher than most states. Owners often argue a hazard was “open and obvious” — something you should have seen and avoided — and the Commonwealth’s pure contributory negligence rule turns that into a powerful defense: if they can show you weren’t watching where you were going, your claim can be denied outright. We know these defenses cold, and we build the evidence and the argument to meet them head-on.
SLIP AND FALL: WHAT TO KNOW
When is a property owner liable?
Generally, when they knew or should have known about a dangerous condition and failed to fix it or warn you in a reasonable time. Proving that “notice” is the core of most slip-and-fall cases.
What’s the “open and obvious” defense?
Owners often argue the hazard was something you should have seen and avoided. Combined with Virginia’s pure contributory negligence rule, it’s a serious defense — but not an automatic bar, and one we’re built to counter.
What should I do after a fall?
Report it to the property owner or manager, get medical care, and photograph the hazard immediately — before it’s cleaned up or repaired. Get names of any witnesses, and keep the shoes and clothing you were wearing.
How long do I have to file in Virginia?
Generally two years from the date of the injury (Va. Code § 8.01-243). Evidence in these cases disappears fast, so it’s best not to wait.
WHY THE INJURED CHOOSE DECKER
CONTACT DECKER’S SLIP AND FALL ATTORNEYS
Slip-and-fall cases turn on evidence that gets cleaned up or repaired within days. The sooner we start, the stronger your claim. Reach us by text, chat, phone, or email — or call right now at 757-622-3317.