Getting into a slip-and-fall accident can be painful. You may want to hold the responsible party accountable for their negligence and recover your damages. However, things can become complicated when you do not know whether you even have a valid claim. That is why it is important to know the elements of negligence and how to establish them to win a case.
Generally, it is negligence on the property owner’s part if they knew about the hazardous condition or had enough time to do something about it but failed to do so. However, meeting Virginia’s legal standards can be particularly challenging for injury victims due to the state’s strict contributory negligence rule.
The contributory negligence rule states that if it is found that your actions contributed to the accident, your chances of recovering any compensation at all drop significantly. Therefore, it is important to know how to gather strong evidence, form arguments, and win a case. A slip-and-fall attorney from The Jackson Law Group, PLLC, can help you with the process.
What are the key elements in a valid slipping and falling accident claim?
There are four main elements in a valid slipping and falling accident claim. These include the following:
- Duty of care: The duty of care element refers to the obligation of the property owner to maintain safety for visitors or guests. This duty extends to all individuals who enter the property, whether they are invitees, licensees, or even trespassers in certain situations.
- Breach of duty: A breach of duty occurs when the property owner fails to take care of responsibility, and someone gets injured on their premises. This usually means that the property owner was negligent in maintaining safety and taking reasonable actions to avoid accidents.
- Causation: Causation is about establishing a direct link between the property owner’s negligence (breach of duty) and the injury sustained by the victim. This part is important because it must be proved that the victim’s injuries occurred directly because of the slip and fall accident.
- Damages: Damages refer to the losses or harm suffered by the victim due to the slip and fall accident. This includes not only your physical but emotional and mental injuries as well, such as loss of companionship, loss of quality of life, etc.
Key factors in determining the value of your claim
Now that you know the elements of a slip-and-fall claim, it is important to understand the key factors that determine the value of your claim. Here are some questions to ask:
Was the hazardous condition avoidable?
One of the basic questions in a slip and fall case is whether the hazard was avoidable. This determines if the dangerous situation could have been avoided if the property owner had acted reasonably. The court will consider if the average person could have noticed the danger. For example, if a sign was properly placed, the condition may not be deemed avoidable.
Was the property owner aware of the hazard?
Next, understanding whether the property owner was aware of the hazard is important. If the owner had knowledge–or should have had knowledge of the risk, they could be held responsible for failing to act.
Did the property owner take reasonable steps to fix the issue?
If the property owner was aware of the problem, they should have taken proper steps to solve it before anyone got hurt. If the owner had ample time to remove the hazardous situation but acted negligently, your case is completely valid.
Are you a slip-and-fall victim?
If you are a slip-and-fall victim, you might be wondering whether it was your fault or the property owner’s. People often blame the victim, thinking that they did not see the hazardous situation due to being distracted. However, that is not always the case. Hire a slip-and-fall attorney in Virginia today!
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