SLIP & FALLS ATTORNEYS IN ALEXANDRIA, VIRGINIA
Hire a Slip and Fall Lawyer in Alexandria, VA
You have the right to be safe wherever you go. But sometimes, due to the negligence of someone else - person or company, or even a government! - there may be a dangerous condition that causes you to slip, trip and/or fall. That fall could be minor, or it could have caused broken bones and cuts, or much more serious injuries. Not all personal injury attorneys handle these types of cases, but the team at Blaszkow Legal is ready, willing, and able to fight hard for the compensation you deserve.
What is a Dangerous Condition?
A dangerous condition is what causes your slip, trip, or fall, and it is not clearly defined by law or statute. For example, while a half-inch height difference in a concrete sidewalk may look dangerous, some Courts (including Virginia) have said that it is not sufficient to create a cause of action* - but a one inch height difference is a dangerous condition that can give rise to a claim.
As with many legal issues, the determination of what the dangerous condition is, is very fact specific. Always contact a slip, trip, and fall attorney to investigate and evaluate your claim.
What Do You Have to Prove for a Slip and Fall Claim?
Very often, slip and fall claims require a Plaintiff (the person bringing the claim) to prove that the business 1) created a dangerous condition or 2) negligently allowed this dangerous condition to remain without taking reasonable steps to prevent injury to others. What the business knew, or should have known, is called notice. Notice is not always easy to prove, however, and the mere fact that an accident happened at a store does not mean the store is liable. Take a look at the following examples:
Example 1: you are waiting in line to get food, and someone spills a soda on the floor. You walk up as it is happening, and slip. Is the store liable? The answer here is no, because they had no notice. A customer created the dangerous condition, and not enough time has passed for the store to mitigate the dangerous condition, such as by mopping up.
However, this same fact pattern, if changed slightly, can result in the store being found to have known.
Example 2: Some one spills a soda on the floor at the food store at 8am. You come in to get food at 1pm and slip, hurting your back. All of the clerks at the register say they never knew something was spilled. However, they have been standing there for five hours, and moving around there area. This argument is called constructive notice: they should have known, or would have known had they exercised reasonable care and diligence.
When Should I Call an Alexandria, Virginia Slip and Fall Attorney?
Immediately! As soon after the fall as humanly possible. This is not an exaggeration, but a necessity. Cases of this nature require aggressive investigation, and the more time that passes, the more evidence can be lost or overwritten, such as camera footage. Top of the line cameras can hold data for over 30 days, while some smaller systems hold that footage only days.
The Alexandria Injury Attorney knows how to investigate these cases, and preserve and protect the evidence that can help us make your case. The sooner you retain a lawyer, the sooner we can begin working hard for you!
What if my Medical Treatment is Not Finished?
You should still call Blaszkow Legal right away. The longer you wait, the harder it will be to prove your claim. Remember: only an attorney is ethically obligated to work for you, while insurance companies work only for their stockholders. They are not on your side, or your good neighbor.
In addition to investigating your case, an experienced attorney will also begin reviewing all of the pertinent medical records that will end up as the evidence to prove your claim. The sooner our staff can order these records and begin the review, the sooner we can give you the best advice, from a legal perspective.
If you have been hurt in a slip, trip and/or fall, call Blaszkow Legal today for a free consultation - 703-879-5910
"Not every defect in a sidewalk, even though it may have caused the injury sued for, is actionable." City of Newport News v Anderson, 216 Va. 791, 223 SE.2d 869 (1976), quoting City of Richmond v. Courtney, supra, 32 Gratt., (73 Va.) at 798; see also City of Richmond v. Rose, supra, 127 Va. at 780, 102 S.E. at 564.