If you were injured in a slip and fall or other premises liability accident, you may have a claim for compensation for your injuries against the negligent business or property owner. However, if you were partially at fault in causing your injuries, you may be barred from pursuing a claim under Virginia’s contributory negligence laws.
What Is Contributory Negligence?
While all states have laws on how a victim’s own negligence affects their claim for compensation, Virginia is one of the few states that follow the contributory negligence law. Most other states follow a comparative negligence doctrine. Here is how each affects an individual’s right to damages:
- Comparative negligence. In states that follow comparative negligence, an injured person’s compensation would be reduced by his percentage of fault in causing his injuries. In some states, he would be barred from obtaining any compensation if he was found to be 50 or 51 percent at fault.
- Contributory negligence. Virginia’s contributory negligence law is harsh. It provides that if a victim is at all to blame—even by one percent—that he is not entitled to any compensation from the negligent party.
What Should You Do If You Believe That You Are Partially to Blame for Your Premises Liability Accident?
If you were hurt in a premises liability accident, it is crucial that you contact an experienced premises liability attorney as soon as possible. He will have an understanding of the negligence and contributory negligence laws in Virginia and can evaluate whether or not you really share any blame for your injuries. He will also know what evidence will be needed to establish that the negligent party was 100 percent responsible for your injuries.
At Tavss Fletcher, we offer a free initial consultation where you can discuss your case and learn about your legal options. To schedule yours, call our Norfolk office or fill out our online form today.