Slip and falls can be personal injury cases. Insurance companies defend against liability vigorously. They would much rather pay their lawyers than pay an accident victim. There are many reasons for a slip and fall, including a wet floor or a missing step. The bottom line is that property owners are responsible for maintaining their property. The question is whether the property owner did enough to prevent an accident from happening. The owner or the owner’s agent must have caused the spill or defect to be legally responsible. In addition, one would have to prove that the owner had knowledge of the danger and did nothing about it.
Slip and fall victims need to meet with an experienced attorney. The lawyers at Dulaney, Lauer & Thomas, LLP, are Virginia’s personal injury lawyers by trade. They will investigate and find out whether the owner should have known about the dangerous area. The law requires proof that a reasonable person, taking care of the property, would have seen the problem. Most claims hinge on the word reasonable. This means the owner would have made regular property inspections to make sure it is safe. This is why grocery stores instituted regular checks. Most chain stores have a policy that the aisles must be inspected at regular intervals. Proof is important in personal injury cases. Therefore, most stores are able to produce a record showing regular inspections.
Virginia personal injury lawyers by trade have to work hard to prove a slip and fall case. In most instances, the law puts a large burden on the victim’s shoulders. Most states have comparative negligence laws that make people responsible for watching where they walk. The court or jury will examine the victim’s actions. They want to know why the victim was in the hazardous area. Additionally, the law says the victim has to be reasonable and exercise caution to avoid falls. Most of these cases are settled before they go to trial. Experienced lawyers know that it is better to settle a slip and fall. Why leave your fate in the hands of a jury?
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