Slip and fall accidents happen when you least expect them—at the grocery store, in an apartment stairwell, on a poorly maintained sidewalk—but the injuries they cause can be long-lasting and life-altering.
If you’ve been hurt because a property owner failed to maintain safe conditions, you may be entitled to compensation under Virginia law. At the Law Offices of Richard J. Serpe, PC, our Virginia slip and fall lawyers are committed to helping victims fight for the compensation they deserved after an injury caused by a negligent business or property owner.
Our law firm has earning a reputation for personalized service, detailed investigations, and aggressive legal representation. We know that after a serious fall, you may be dealing with medical bills, lost wages, ongoing pain, and uncertainty about what to do next. That’s where we come in.
We handle every aspect of your case—from collecting evidence and interviewing witnesses to negotiating with insurance companies and, when necessary, presenting your case in court. We work on a contingency basis, meaning you don’t pay legal fees unless we recover money for you. Our goal is simple: to help you get your life back after an avoidable injury disrupts it.
What Negligence Looks Like in a Virginia Slip and Fall Case
The foundation of any slip and fall claim is negligence. In Virginia, property owners have a legal duty to keep their premises reasonably safe for visitors. When they fail to uphold that duty, and someone is hurt as a result, they can be held liable for the harm caused. Slip and fall accidents can result from a wide variety of hazards, but most incidents stem from just a few recurring types of negligence.
No matter the specific cause, the key to proving a slip and fall claim is demonstrating that the property owner either knew or should have known about the dangerous condition and failed to act.
That’s where a Virginia slip and fall attorney can make all the difference—by uncovering maintenance records, surveillance footage, incident reports, and eyewitness testimony that show the property was unsafe and the owner did nothing.
Wet or Slippery Floors
One of the most common causes is wet or slippery floors. This includes spills in grocery store aisles, water tracked into businesses on rainy days, and recently mopped floors without adequate warning signs. Property owners and store managers are expected to monitor for these conditions and take swift action to clean them or alert customers to the danger. When they fail to do so, unsuspecting visitors may suffer serious injuries like broken bones or head trauma.
Uneven Steps or Missing Handrails
Another frequent source of slip and fall accidents is uneven walking surfaces. Cracked pavement, loose floor tiles, and frayed carpeting can all pose tripping hazards. In some cases, property owners know about these problems for months—or even years—but delay repairs. In others, they may not conduct regular inspections and miss defects that put the public at risk. Walkways and stairs are especially dangerous when handrails are broken, steps are uneven, or lighting is too poor to see clearly.
Inadequate Lighting
Inadequate lighting is another factor that leads to falls. In apartment complexes, office buildings, and parking lots, poor visibility can make it impossible to spot hazards. A dimly lit stairwell can cause someone to miss a step. A dark pathway can conceal debris or puddles. Property owners are responsible for providing sufficient lighting in areas where visitors are expected to walk, and when they don’t, they may be liable for any resulting injuries.
Weather-Related Hazards
Weather-related hazards also play a major role in slip and fall cases. Property owners are not responsible for controlling the weather, but they are expected to respond promptly and reasonably when conditions become dangerous. Failing to clear ice and snow from sidewalks, entryways, and parking lots can lead to accidents during the winter months. Similarly, wet leaves in the fall can create slick surfaces that are just as hazardous as ice.
Construction and Maintenance Areas
Construction and maintenance areas are another frequent source of danger. Property owners who are making repairs or renovations must clearly mark those areas and block off access to avoid putting visitors in harm’s way. When tools, equipment, cords, or materials are left in walkways, or when wet paint, unfinished flooring, or open holes are not adequately secured, serious injuries can occur. Even temporary hazards must be addressed appropriately, and the law holds owners to a standard of reasonable care.
Lack of Signage
In many cases, a lack of signage is a critical failure. If a hazard cannot be immediately fixed—such as a floor that has just been cleaned or a leak that is being repaired—then clear warning signs should be placed in visible locations. Too often, businesses remove signage too soon, fail to put it up in the first place, or place it in an area that does nothing to prevent accidents. When someone falls because they weren’t warned of a danger, that’s a legal problem for the property owner.
Understanding Virginia Slip and Fall Settlements
Slip and fall injuries can range from minor bruises to catastrophic trauma. Regardless of the severity, victims often suffer both financial and emotional consequences that ripple across their lives. In Virginia, a successful premises liability claim can result in compensation for a wide range of damages.
- Medical expenses are usually the most immediate concern. After a fall, victims may require emergency care, X-rays, MRIs, or surgery. In more serious cases, ongoing rehabilitation, physical therapy, or even permanent medical support may be necessary. The law allows victims to recover the full cost of past and future medical care related to the accident. This includes hospital stays, medications, follow-up visits, mobility devices, and any specialized treatment needed for long-term recovery.
- Another major category of damages involves lost income. Many people who suffer serious falls must take time off work to recover. In some cases, the injuries may be so severe that they cannot return to their previous job or must take on reduced responsibilities. When an injury results in a permanent disability or reduces someone’s earning potential, the victim may be entitled to compensation for the future income they would have earned. The financial impact can be enormous, especially for younger workers or those with physically demanding jobs.
- Pain and suffering are also recoverable under Virginia law. This category refers to the physical pain caused by the injury, as well as the emotional distress, anxiety, or depression that may follow a traumatic accident. For many people, the emotional consequences of a fall—such as fear of walking, social withdrawal, or loss of independence—are just as damaging as the physical injuries. Courts recognize that compensation should reflect the full human impact of the injury, not just the out-of-pocket expenses.
- In particularly serious cases, victims may experience permanent disability or disfigurement. A spinal cord injury, traumatic brain injury, or severe orthopedic damage can change a person’s life forever. When this happens, damages may also include the cost of modifying a home to accommodate a wheelchair, hiring in-home care, or purchasing assistive technology. The law also allows for compensation for the loss of enjoyment of life when a victim can no longer participate in the activities they once loved.
- In the most tragic slip and fall cases, the injuries sustained can lead to wrongful death. When a loved one dies due to someone else’s negligence in maintaining a safe property, the family may file a wrongful death claim seeking compensation for their loss. These claims typically cover medical expenses incurred before death, including emergency care, surgeries, and hospital stays. Families can also recover damages for the loss of financial support the deceased would have provided, funeral and burial costs, and the emotional pain and suffering caused by the loss of companionship.
Virginia’s Strict Contributory Negligence Rule
Virginia does not cap damages in most personal injury cases, so a well-supported claim can result in significant compensation.
However, Virginia’s strict contributory negligence rule means that if the injured person is found even slightly responsible for their own fall, they may be barred from recovering anything.
Because of this, the stakes in a slip and fall case in Virginia are very high. Even if the property owner was clearly negligent—for example, by failing to clean up a spill, repair a broken handrail, or warn visitors about a hazard—if the defense can prove that the injured person contributed to the accident in any way, such as by not paying attention, running, or ignoring warning signs, the entire case can be dismissed, leaving the victim with no compensation at all.
This is why it is essential to work with a skilled Virginia premises liability attorney who can present a compelling, fact-based case that proves the property owner—not the victim—was at fault.
Statute of Limitations (Legal Deadlines)
In Virginia, the statute of limitations for filing a slip and fall premises liability lawsuit is generally two years from the date of the accident. This means that injured individuals must file their claim within two years of the incident; otherwise, they risk losing their right to seek compensation altogether. This deadline applies to most personal injury claims related to accidents on someone else’s property, including falls caused by hazards such as wet floors, uneven surfaces, poor lighting, or neglected maintenance.
It is important to understand that the statute of limitations is strictly enforced in Virginia, so timely action is essential. Gathering evidence, securing witness statements, and preserving documentation early on can make a significant difference in the strength of a case. Additionally, certain exceptions or nuances may apply in limited circumstances, such as if the injured person was a minor or if the property is owned by a government entity, which might have separate notice requirements. Therefore, consulting with a knowledgeable Virginia slip and fall attorney as soon as possible after an accident can help ensure that all deadlines are met and that the case is properly prepared for the best chance of a successful outcome.
Contact Our Virginia Slip and Fall Attorneys
After a fall, you may feel overwhelmed. Medical bills pile up, insurance adjusters call with lowball offers, and you may not even be sure who is responsible for your injuries. That’s why contacting our Virginia slip and fall lawyers should be one of your first steps.
An experienced Virginia premises liability attorney can investigate the scene of the accident, gather evidence, speak with witnesses, and identify whether the property owner violated their legal duties.
At the Law Offices of Richard J. Serpe, PC, we understand Virginia’s laws, and we know how to fight back against insurance companies that try to shift blame onto the victim. Our team handles every stage of the case, from the initial consultation through settlement or trial, and we only get paid if you win.
If you or someone you love has been injured in a slip and fall, don’t wait. Evidence can disappear quickly, and legal deadlines in Virginia are strict. Contact the Law Offices of Richard J. Serpe, PC for a free consultation to discuss your situation.