If You Fall in a Store, Know Your Rights


Personal Injury Attorneys Blog
Tags: , , , ,
Personal Injury Lawyer Virginia

Premises liability can arise when you are on someone else’s property—including a business open to the public—and suffer an injury that arises from the property owner’s negligence. While you might think this has little impact on your life, accidental injuries were the fourth leading cause of death in the United States in 2014, including premises-liability deaths. Even more, injuries occur as a result of falls and other accidents that take place on business properties.

Government statistics indicate that property-liability accidents are among the leading causes of injuries annually, including injuries suffered as a result of:

  • Slip and fall accidents
  • Dangerous property conditions
  • Negligent or inadequate security
  • Inadequate or improper maintenance
  • Hazardous conditions

Other accidents can give rise to premises liability, including snow- or ice-related accidents, including falls where the property owner failed to take proper care. Virginia has a reputation as a difficult state for victims to prevail on slip-and-fall claims. Property owners in Virginia do not guarantee the safety of their visitors. They are required to maintain their properties in “reasonably safe” conditions, but that does not promise that properties are hazard-free.

Like most states, though, Virginia uses a standard that considers whether the hazard was open and obvious, whether the defendant was negligent, and whether the victim was also negligent to some extent (or contributorily negligent).

When Is It Possible to Recover Damages for a Fall on Store Property?

When you have permission to be on someone else’s property—including a business open to the public or a private property onto which you were invited—you can hold the owner of that property liable for injuries you suffer due to negligent maintenance. Premises liability can apply in instances where:

  • You were invited onto the property or were hired to be there. This includes when you patronize a business open to the public, even though you were not personally invited onto the property.
  • The owner of the property knew or should have known about an unsafe condition on the property and failed to correct that condition, or corrected the condition in such a way that did not correct the danger.
  • The failure to correct the condition caused your injury.

As always, liability depends on the circumstances, and it you should always consult an attorney with expertise in personal injury law to determine if you have legal options to pursue compensation.

If You Were Injured in a Fall on a Business Property in the Richmond area, Contact the Personal Injury Lawyers of Emroch & Kilduff

If you are injured in a fall at a Richmond-area business, consult a personal injury attorney to determine your rights. Proving liability for a fall at a store or other business is a fact-intensive, legally complex process. You might be entitled to compensation, but you are unlikely to obtain it without help.

The lawyers of Emroch & Kilduff specialize in personal injury law. They can protect your rights and obtain just compensation in these situations. Reach us at (804) 358-1568 or through our online contact form.