Slip and Fall, also known as Trip and Fall, injuries require proving that the person/entity responsible for the premises failed to provide a reasonably safe premise and knew or should have known of the hazard (i.e. was negligent) before the person tripped or slipped to either eliminate the hazard (clean up the spill) or warn about the hazard (i.e. watch your step).
For example, landowners across the nation are obligated to clear potentially hazardous ice and snow from their property. When a property owner fails to do so, uncleared walkways can easily lead to slip-and-fall injuries. For particularly vulnerable populations, such as the elderly, these falls are debilitating and can be life-threatening.
Here in Virginia, landlords and operators of commercial establishments are required by law to remove snow and ice from entrances and the common spaces of their property within a reasonable time after the snow has stopped. Those property owners who do not timely or properly remove snow and ice as required by law, are needlessly putting at risk every person who enters their property. Such careless property owners are rightly accountable for the slip and fall and trip and fall injuries occurring on their property which were preventable.
By way of example, in cases involving serious injuries caused by slips and falls on snow and ice, premises liability lawsuits filed against private and commercial property owners who fail to clear ice or snow often involve one or more of the following ways in which owners act carelessly:
Important issues to be addressed when considering such cases are whether the injured person was watching where they were going (the contributory negligence defense) or assumed the risk (saw that the floor was wet but choose to walk across it anyway).
So, as is true in most other types of personal injury claims and cases, what those who are hurt may believe is a simple, straight forward matter, can be legally challenging and best handled by lawyers experienced in handling such cases and the issues involved. Some of the many trip and fall and slip and fall cases that Curcio Law has handled in the past include:
In all personal injury cases, it is critical to comply with the controlling statute of limitations. Statutes of limitations are time limits placed upon the ability to pursue a legal right that you have. The statute of limitations for personal injury claims in Virginia is two years from the date of the incident. That means that the claim must either be settled or a lawsuit filed in court within this two-year window. If the claim is not settled and a lawsuit is not filed within two years from the date of injury, the claim is forever time-barred and cannot be pursued.
In addition to statute of limitations, claims against governmental entities, such as a city or county, may require that a notice of the claim in proper form be provided within a time period significantly shorter than the two years governing the filing of a timely lawsuit. For example, the Virginia Tort Claims Act requires that written notice of a personal injury claim against the Commonwealth must be provided within 1 year of the date of injury.
Notice of a personal injury claim against a city or county entity must be provided within six months of the date of injury. As it is common for slip and falls to occur on property owned or managed by a governmental entity, is critical for a person injured on such property to promptly consult an attorney experienced and well-versed in handling such cases and are knowledgeable of the special provisions governing such claims and cases, as are the attorneys here at Curcio Law.
If you have suffered a serious injury in a trip and fall on someone else’s property and would like to discuss whether you are legally entitled to be compensated for your injuries please contact us.
Tom Curcio, the driving force behind Curcio Law, is a dedicated trial lawyer with more than 35 years of experience in Northern Virginia. He has dedicated his career to representing people who have been seriously injured through no fault of their own. He works tirelessly to obtain the compensation his clients are legally entitled to…
Rakin Hamad is a graduate of the George Mason Law School and joined Curcio Law as an associate in August 2018. Rakin works closely with Tom Curcio and staff in preparing cases from the initial client meeting through trial and has been a perfect fit for the firm. During law school, Rakin interned at the…
Justin Curcio received his J.D. from St. John’s University School of Law in 2015, where he was awarded an academic scholarship. During law school, he worked for the Nassau County District Attorney’s Office and the law firm of Bartlett, McDonough & Monaghan, LLP. Justin also spent a semester studying law at the University of Glasgow…
As the firm’s office manager, Kathy McAfee is dedicated to making sure the office runs smoothly and that the team has what it needs by way of resources, technology, and supplies to best serve our clients. Kathy graduated with a B.A. in Sociology from Roanoke College in 1986 and afterward, returned to Alexandria. She began…
Riann Winget, a native Texan, graduated with a BA in Psychology and a Minor in Legal Studies from the University of Pennsylvania in 2017. She was a member of the varsity soccer team, Chi Omega Sorority, and was on the university board for Big Brothers Big Sisters. After graduation, she joined AmeriCorps and taught preschool…
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