Taking a hard fall in public or on someone else’s Virginia property can be more than just embarrassing. It may result in painful or debilitating injuries. In fact, many victims of trips, slips and falls suffer catastrophic injuries such as broken bones, internal injuries, spinal cord damage or even brain trauma. If such a fall occurs on a dangerous property, the victim may have questions about his or her rights.
How must catastrophic injuries be proved?
A property owner is responsible for ensuring that those who have legitimate reasons for entering the property are reasonably safe from harm. A fall victim who seeks compensation for injuries through the civil court system will have to prove that the property owner knew or should have known about the risk. Further, the victim must show that the property owner did not take reasonable steps to correct the hazard or protect visitors from it.
Of course, part of the defense for such allegations may be to examine the comparative negligence of the victim. The court will want to know why the victim was on the property and whether the victim took every realistic precaution to avoid injury. For example, the court may want to know if the victim was running, talking on a cellphone or wearing inappropriate shoes at the time of the accident.
Fighting for justice after a slip or trip-and-fall injury can be complicated and challenging. However, if someone has suffered catastrophic injuries because of a negligent property owner, it may be worth the fight to obtain fair compensation. Having the representation of a skilled and experienced Virginia attorney may prove invaluable throughout the process.
