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Virginia Slip and Fall Accident Lawyer


A slip and fall accident describes an injury that a person suffers on someone else’s property. As the name implies, a visitor or guest may slip, trip, or fall because of a hazard they weren’t warned about. Slip and fall accidents are a type of personal injury case that fall under the broad category of premises liability.

They may sound trivial, though in reality, these accidents are a leading cause of brain injury in the U.S. (Centers for Disease Control). As one of the nation’s most experienced traumatic brain injury law firms, the slip and fall accident lawyers at The Smith Law Center are intimately acquainted with how these injuries can impact a person’s life.

In this video below, firm founder Stephen Smith shares how he has helped brain injury victims obtain record-breaking settlements.

 

If you or someone you know was hurt in a slip, trip or fall accident on public property, contacting a slip and fall accident lawyer can help you understand what damages you may be entitled to under state laws.

This page provides basic information about liability in slip and fall accidents, injury types, and how a slip and fall lawyer can help.

Our attorneys are available to evaluate the specifics surrounding your situation and provide free initial consultations. To receive a complimentary case review, call The Smith Law Center at (757) 695-9288 today.

The Smith Law Center Brain Injury Attorneys

Notable Slip and Fall Case Results

Jury Awards Record Verdict – Largest Slip & Fall Verdict in VA history

Awarded: $12,264,302.00

Summary: HAMPTON, Virginia – Jury awards a record verdict against Miller Mart for mild traumatic brain injury from a slip and fall. This was the largest slip and fall verdict in Virginia history at the time.

Florida Man Slip and Fall at Home Depot

Awarded: $500,000.00

Summary: A Rockledge man was awarded $500,000 after sustaining a mild head injury in a slip and fall accident inside a Home Depot. ROCKLEDGE, Florida.

“I have dedicated both my personal and professional life to helping brain injury survivors and their families and other victims of catastrophic events.”
– Firm Founder Stephen M. Smith

 

GET A FREE CASE EVALUATION

How do slip and fall accidents happen?

A woman holds her head as she sits on an icy walkway after a slip and fall accident.

Slip and fall accidents often occur in everyday activities. In nearly every instance, they could have been easily prevented by simple property maintenance. The most common cause of slip and fall accidents is unsafe conditions due to a property manager or owner’s failure to maintain the area or warn about safety risks.

An example of this might be a spill in a grocery store aisle. If the store fails to promptly clean up the spill or warn patrons with a “wet floor” sign, a customer can sue if they are injured.

Property owners can also be held responsible if defective, faulty equipment or insufficient safety precautions caused the slip and fall. This might be improper lighting in a stairwell or hallway, broken handrails on a staircase or ramp, or a hazard without a warning sign. A slip and fall accident lawyer can help determine whether the property owner could have prevented your injury.

Common types of slip and fall accidents include injuries from:

  • Wet flooring inside a store without warning signs
  • Black ice in an entryway or parking lot
  • Poorly maintained sidewalks and walkways
  • Debris in a walkway
  • Loose or torn carpet
  • Insufficient lighting
  • Broken or lack of handrails
  • Obstructions or objects in walkways
  • Dangers without warning signs

Where do slip and fall accidents happen?

Two restaurant workers kneel in a kitchen as one tends to the other, who hurt his ankle in a slip and fall.

Essentially, these types of incidents can happen virtually anywhere. Certain environments create a higher likelihood by nature, such as dimly lit restaurants or swimming pool areas at hotels or resorts. However, it’s important to remember that business owners have an obligation to keep their premises safe for visitors and guests at all times. We cover more on this later in the section on liability.

No matter where your injury took place, The Smith Law Center can help. Our slip and fall accident lawyers often help victims who have been injured in:

  • Shopping centers
  • Restaurants
  • Stores
  • Gyms or workout facilities
  • Venues or theaters
  • Sidewalks
  • Stairwells
  • Entryways
  • Ramps
  • Parking lots
  • Gas stations
  • Malls
  • Hotels and resorts
  • Apartment complexes
  • Parking structures
  • Community swimming pools
  • Bars or nightclubs
  • Gated communities

Our slip and fall lawyers will assess the details surrounding your potential case to determine how and whether a property owner’s negligence may have been at play. Based on this information, we will help you understand your best options moving forward.

To receive a free legal consultation, contact us today at (757) 695-9288.

Mr. Smith did everything he promised and more. He comforted me when I was worried, and fought hard for me. He was my friend. I have already recommended a co-worker to The Smith Law Center and will speak very highly of your firm when asked about my case for years to come. Mr. Smith is truly an asset to your firm, as he is a terrific person and attorney. Thanks for excellent representation.
– Joe

Injuries From Slip and Fall Accidents

Due to the unexpected nature of slip and fall accidents, injuries can be severe. This is particularly true for small children and elderly persons, as they have developing and/or more fragile bodies.

Extending the hands during a fall is a natural reflex, though the impact can lead to broken bones in several places. Hip injuries are also common, as well as shoulder and knee injuries. They can become catastrophic, however, when they involve the head or spine. An example of this is where a person slips and falls backward, hitting the back of their head on the floor or pavement.

Part of the reason that head and spinal cord injuries can be serious is that they impact other bodily functions. For example, a slip and fall accident can lead to herniated discs, which can pinch the nerves responsible for bowel function and bladder control.

An elderly Asian woman sits in a hospital gown as a doctor shows her brain imaging.

Brain injury often causes concussions, and it can also lead to permanent damage such as memory loss, personality changes, or even depression. These “invisible” injuries can have a domino effect, interfering with a victim’s ability to maintain relationships or keep a job.

In the most tragic situations, a slip and fall accident can claim a life. If it does, you and your family may be entitled to file a wrongful death lawsuit on behalf of your loved one.

For each of these injuries, there are material as well as immaterial losses. Often, they go hand in hand. For example, a physical injury can result in a victim losing their ability to earn a living. This, in turn, can lead to depression or loss of enjoyment of life. Spouses may also claim loss of consortium or the loss of companionship if their loved one suffers severe injuries like paralysis, brain injury, or personality changes.

When considering a slip and fall accident lawyer to represent you and your family, it is highly recommended that you look into the lawyer’s background and experience handling similar cases. The right attorney will calculate the full value of your damages and fight for your maximum compensation.

Who can be held liable for my injury?

Liability in a slip and fall accident will largely depend on where it takes place. It may be an individual person, such as a property manager, or the business as a whole. More than one party might be responsible, based on the circumstances.

Examples of liable parties in a slip and fall accident can include:

  • Management
  • Builders and Inspectors
  • Retailers
  • Business owners
  • Hotels
  • Property owners
  • Homeowners
  • Government agencies – such as for failing to warn of a pothole or fix a raised sidewalk

A slip and fall accident lawyer will be able to determine which parties can be held liable for your injuries.

How a Slip and Fall Accident Lawyer Can Help

At The Smith Law Center, we understand that your injuries or losses can be severe after a slip and fall accident. Taking legal action at this time might sound overwhelming, and we are here to relieve this part of the burden for you and your loved ones.

We know that nothing is more important to you than your family and personal well-being. This is why when you work with us, we shoulder the legal burden for you. While you focus on your healing, our slip and fall injury lawyers will investigate, build and negotiate your case.

Consider how a slip and fall accident lawyer can help recover compensation to pay for:

  • Medical costs, including surgeries, medication and doctor visits
  • Lifelong rehabilitation or therapy
  • Counseling and care services
  • Lost wages due to time away from work
  • Loss of earning capacity
  • Prosthetics, if necessary
  • Emotional pain and suffering
  • Loss of a loved one

Securing compensation for you and your loved ones is one of the best ways to ensure you make the strongest physical recovery possible. To see how we’ve helped victims of all injury types, please see our case results page.

I was very happy with the Smith Law center. They are professional, attentive and will truly fight for you. The entire office is very nice and communicates throughout the whole process. Mr. Gill is fantastic as well as the paralegals and the other administration team.
– Erin

Contact a Slip and Fall Accident Lawyer Today

Slip and fall injuries can jeopardize your livelihood, and the responsible parties are not likely to acknowledge their negligence, let alone help you. In order to be fully compensated for your pain and suffering, it is highly recommended that you seek the help of a seasoned slip and fall accident lawyer.

The Smith Law Center has been handling high profile cases against hotel chains, popular retail stores, and large corporations since 1949. Together, our attorneys bring over 300 years of combined experience to your individual case and have won over $1 billion in results for our clients. We have settled thousands of cases and tried hundreds more to verdict, winning our clients several times more than what they were offered before hiring us.

We understand the complexities that come with serious, catastrophic injuries, such as those that arise from slip and fall accidents. Let us help you and your family win the justice and closure you deserve after suffering at the hands of another’s negligence.

Call the slip and fall accident lawyers at The Smith Law Center today to receive a free, private initial consultation at (757) 695-9288. Your call is without charge or obligation.

Frequently Asked Questions

 

What type of lawsuit is a slip and fall lawsuit?

Slip and fall accidents are based on unsafe property or premises and fall under a broad legal category known as premises liability. Premises liability is a type of personal injury lawsuit that holds landowners or property managers liable for certain injuries that take place on their grounds.

Is my slip and fall injury my fault?

There are certain circumstances that could nullify your attempt to seek compensation after a slip and fall accident. For example, if you were behaving recklessly or in an unsafe manner when the accident occured, it might affect your claim.

It’s important to note that not every injury that takes place on another’s property is grounds for a slip and fall lawsuit. Just as businesses and property managers must keep a safe environment, guests and patrons are also expected to exercise “reasonable care” for their own safety. This is known “assumption of risk.”

If you see or acknowledge a hazard and choose not to avoid it, you may lose your right to seek damages for injuries.

If you aren’t sure whether your injury qualifies for legal recourse, speak to a slip and fall accident lawyer to learn more.

How long after a slip and fall can you sue?

The time limit for suing after a slip and fall accident will vary based on the state you live in. This is known as the statute of limitations. In Virginia, this will vary slightly based on unique case details. However, the time frame for filing a slip and fall lawsuit is typically two years after the date of injury.

Yet another benefit of hiring a slip and fall accident lawyer is that your attorney will ensure you meet all filing deadlines for your case, including the statute of limitations.

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SPEAK TO US NOW FOR FREE

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IF WE DON’T WIN, YOU DON’T PAY

There are absolutely no out-of-pocket fees for filing a claim.

If you or a relative had a severe reaction to military housing mold, it might be time to talk with a toxic mold lawyer. Mold is everywhere, and can be dangerous. Researchers have linked mold to serious respiratory illnesses in some individuals.

Smith Law Center may be able to help if a property owner failed to keep you safe from mold in your military housing. We are one of Virginia’s oldest and most successful firms. We know how to hold negligent property owners responsible, especially when the military is involved.

Call us at (757) 244-700 or contact us online to set up a free consultation. There’s no fee for learning more about Virginia mold laws, your rights, and your legal options.

Mold in Military Housing

Black mold in military housing became widely known when Reuters published an investigation in 2018. Since then, the Department of Defense and the housing providers were supposed to take steps to improve the situation.

Unfortunately, a 2020 audit by the DoD Office of Inspector General found many issues, including the need for mold remediation, still persist.

Monetary Awards in Military Housing Toxic Mold Cases

If the property owner lets toxic mold run wild and continue to cause you harm, talk with our toxic mold attorneys about filing a lawsuit.

You may receive financial compensation for:

Service members and their families do not receive different types of damages than civilians. These are civil lawsuits in traditional courts of law.

Military Housing Mold Toxicity Symptoms

The Institute of Medicine discovered there was evidence connecting exposure to indoor mold with:

  • Upper respiratory tract symptoms;
  • Coughing;
  • Wheezing;
  • Asthma symptoms in individuals with asthma; and
  • Hypersensitivity pneumonitis in individuals with weak immune systems.

There is also limited evidence that mold causes respiratory illnesses in healthy children or causes people to develop asthma.

Understanding Exposure to Toxic Mold in Military Housing

The topic of toxic mold is complicated. This Is in part because the term “toxic mold” isn’t accurate. The U.S. Centers for Disease Control and Prevention (CDC) explains mold isn’t toxic or poisonous. However, some molds are toxigenic, which means they produce toxins called mycotoxins.

Mold is common in military housing because it’ll grow anywhere there’s moisture. That includes on and inside walls, carpet, upholstery, wallpaper, and heating and air conditioning systems. This is especially pronounced in humid conditions such as those present in Virginia.

Some people have no difficulties around mold, even large infestations in their homes. Other individuals are sensitive to molds, including those that produce mycotoxins. Someone can have a severe reaction when exposed to a large amount of mold indoors.

People may be more likely to experience mold toxicity symptoms if they have:

  • Allergies,
  • An underlying lung disease,
  • Immune suppression,
  • Chronic obstructive pulmonary disorder,
  • Asthma, or
  • Another chronic respiratory disease.

Common Types of Military Housing Mold

When you’re trying to learn more from the CDC and other resources, you’ll see the word “fungus” a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.

If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.

Who is Liable for Military Housing Mold?

Since 1996, most military housing has come under the management of private companies:

  • Belfour Beatty Communities: Fort Eustis and Fort Story/li>
  • Lincoln Military Housing: Dahlgren, Little Creek, Naval Station Norfolk, Northwest Annex, Oceana, Portsmouth, Quantico, and Yorktown/li>
  • Hunt Military Communities: Fort Lee and Langley AFB

Outside of Virginia, Lendlease and Corvias Military Living are two more housing providers. Together, these five companies formed the Military Housing Association.

Military families living in on-base housing must take their complaints to their private management company — not the military. The company is responsible for providing habitable conditions and making repairs, including mold remediation.

If you’re unsure about your rights, review your state law and local ordinances about mold. In general, it’s the landlord’s responsibility to provide a habitable unit, which means it has to be safe to live in. A unit isn’t safe if it’s causing a tenant health issues due to mold.

The Virginia Residential Landlord and Tenant Act requires landlords to disclose if there’s mold in the written report of the move-in inspection. If a tenant discovers visible mold in the unit, then the Act requires the landlord to remove the mold and relocate the tenant until it’s gone at no additional cost to the tenant.

Unfortunately, many families find their housing providers aren’t receptive to complaints. Attorney Stephen M. Smith has handled many mold lawsuits against military housing providers who fail to abide by their lease terms and the law when it comes to mold remediation and other hazards.

Other Hazards in Military Housing

Many service members and their families deal with uncomfortable, if not hazardous, conditions in privatized military housing, including:

Lead Paint: Lead-based paint can cause headaches, nausea, fatigue, irritability, behavioral problems, learning disabilities, seizures, organ damage, and in extreme cases, death.

Asbestos: Exposure to asbestos harms a person’s lungs, and can lead to lung fibrosis (scarring), lung cancer, and mesothelioma.

Radon: Radon is the second leading cause of lung cancer after smoking. It naturally forms underground, however cracks and gaps in buildings lead to over-exposure indoors.

Poor Water Quality: Dozens of military sites have water with detectable levels of harmful chemicals.

Other issues involve rodent or insect infestations, pesticides, and faulty electrical wiring.

What Happens When a Lot of People Get Sick?

Sometimes mold exposure impacts a single individual or family. However, when the mold spreads throughout military housing, it can impact hundreds or thousands of people.

Occasionally, a large enough group of people are injured to allow for a class action or mass tort lawsuit. A class action lawsuit is one where a class representative acts as the plaintiff on behalf of the group of hurt individuals. Not every victim participates in the lawsuit. There are rules about when a group is big and similar enough to create a class action.

Mass tort lawsuits are different. When there are fewer plaintiffs who have their own set of circumstances, each person files a lawsuit. For efficiency’s sake, one or a couple of law firms may represent most plaintiffs, and the lawsuits are consolidated in a federal court.

Call the Military Housing Mold Lawyers at Smith Law Center for Help Right Away

Mold cases come about in a few ways. You or a loved one may start getting sick, and after weeks or months of struggling to find answers, you finally realize your military housing has a mold infestation. In other cases, you struggle with visible mold and then become ill.

Once you connect the illness with the mold, it’s time to talk with a toxic mold lawyer. Reaching out to an attorney early helps you build a strong compensation claim. We know how to collect evidence, identify who is liable, and craft a successful argument for a settlement or court award.

Attorney Stephen M. Smith has decades of experience handling injury claims and has been internationally recognized for his work. He has litigated cases involving catastrophic injuries and complex legal and scientific issues. In 2019, he was inducted into the Virginia Lawyers Hall of Fame.

You’re in good hands when you come to Smith Law Center for help. Reach out online or call (757) 244-7000 to schedule your 100% free consultation.

Military Housing Mold Lawsuits: FAQs

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We are one of Virginia’s largest and most successful law firms.

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Use the simple form below to send a message directly to our lawyers. We will respond within 1 hour or less during business hours.
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