A wet floor with no warning sign, a broken step, a pothole in a dark parking lot — a property owner’s carelessness can leave you with a serious injury in an instant. Slip-and-fall claims are also among the hardest personal injury cases to win in Virginia, which is exactly why they’re worth handling right. Decker Law knows what it takes to prove a property owner was at fault and to pursue fair compensation. Call 757-622-3317 for a free consultation, available 24/7.
WHY SLIP-AND-FALL CASES ARE HARD TO WIN
A property owner isn’t automatically responsible just because you fell on their property. To recover, you generally have to show the owner knew — or should have known — about the hazard and failed to fix it or warn you in time. That “notice” question is the battleground of most slip-and-fall cases: how long the spill was there, whether the step had been broken for weeks, whether anyone had complained. Building that record quickly, before the evidence is cleaned up or repaired, is where these cases are won or lost.
Virginia makes them tougher than most states. Owners often argue a hazard was “open and obvious” — something you should have seen and avoided — and the Commonwealth’s pure contributory negligence rule turns that into a powerful defense: if they can show you weren’t watching where you were going, your claim can be denied outright. We know these defenses cold, and we build the evidence and the argument to meet them head-on.
SLIP AND FALL: WHAT TO KNOW
When is a property owner liable?
Generally, when they knew or should have known about a dangerous condition and failed to fix it or warn you in a reasonable time. Proving that “notice” is the core of most slip-and-fall cases.
What’s the “open and obvious” defense?
Owners often argue the hazard was something you should have seen and avoided. Combined with Virginia’s pure contributory negligence rule, it’s a serious defense — but not an automatic bar, and one we’re built to counter.
What should I do after a fall?
Report it to the property owner or manager, get medical care, and photograph the hazard immediately — before it’s cleaned up or repaired. Get names of any witnesses, and keep the shoes and clothing you were wearing.
How long do I have to file in Virginia?
Generally two years from the date of the injury (Va. Code § 8.01-243). Evidence in these cases disappears fast, so it’s best not to wait.
WHY THE INJURED CHOOSE DECKER
We prove notice
Your case hinges on what the owner knew and when. We build that record.
We beat “open and obvious”
Virginia’s toughest premises defense doesn’t rattle us; we’ve met it many times.
We act before cleanup
Hazards get fixed within days. We preserve the proof first.
MEET OUR LAWYERS
Jeffrey Partington
A Virginia Beach native, Jeffrey Partington serves clients in personal injury, workers’ compensation, and business law, and has worked both sides of the aisle. He practices in the courts of Norfolk, Virginia Beach, Chesapeake, Newport News, Portsmouth, Hampton, and Suffolk.
MEET OUR LAWYERS
Cole Roberts
A Norfolk native and former Public Defender, Cole Roberts represents clients in criminal defense and traffic matters, from reckless driving and DUI to serious felonies. He has tried numerous jury cases across the seven Hampton Roads cities.
MEET OUR LAWYERS
Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
MEET OUR LAWYERS
Joseph Rigney
A Chesapeake native and former prosecutor, Joseph Rigney focuses on personal injury and criminal defense, including traffic law. He tries both civil and criminal cases in the courts of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.
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Michelle Parker
Michelle Parker concentrates on personal injury, elder law, wills, trusts and estates, litigation, corporate law, and criminal defense. She handles civil, probate, and traffic cases throughout the seven cities of Greater Hampton Roads.
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George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
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Joel Weintraub
Joel Weintraub has been practicing law for over 40 years and focuses his practice on civil litigation involving disputes between individuals and corporations. Joel’s recent cases involve corporate litigation, personal injury, business law, will and trust contests and interpretation, shareholder rights, and estate administration.
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Martin Thomas
Martin Thomas is the firm’s president and managing attorney, concentrating on personal injury, criminal, and traffic law. He handles multimillion-dollar injury cases throughout Virginia and has been named to Super Lawyers for personal injury.
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Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and serves on Norfolk City Council.
Slip-and-fall cases turn on evidence that gets cleaned up or repaired within days. The sooner we start, the stronger your claim. Reach us by text, chat, phone, or email — or call right now at 757-622-3317.
KEEP UP WITH DECKER LAW
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