Virginia Beach is one of the most popular vacation destinations on the East Coast. Families come from near and far to enjoy the beautiful sandy beaches and the 40-block boardwalk that features a range of oceanfront restaurants, the iconic King Neptune statue, and a stellar view of the Atlantic Ocean. Unfortunately, beaches and boardwalks can become dangerous if property owners or municipalities fail to maintain safe conditions or take the necessary steps to address a safety hazard.
Slip and fall accidents can occur when you least expect them, whether you trip on an uneven wooden plank or an accumulation of water or sand on walkways. If you are injured in a slip and fall accident on the beach or the boardwalk, you may be entitled to financial compensation. An experienced Virginia Beach slip and fall lawyer will investigate the details of the accident, determine who is liable for your injuries, and pursue the maximum financial compensation you deserve.
What Are the Most Common Causes of Slip and Fall Accidents on Beach Boardwalks?
Beaches and boardwalks are subject to changing weather conditions, environmental hazards, and high foot traffic, particularly during the summer months. While no one can control the weather, property owners and municipalities can take steps to prepare for weather-related hazards and ensure that potential safety risks are addressed. The following are some of the most common causes of slip and fall accidents on the boardwalks and beaches in Virginia Beach:
- Wet or slippery boardwalk surfaces
- Sand accumulation on the boardwalk, or on the floors in restaurants, retail shops, and hotels
- Uneven, loose, or damaged wooden planks or cracks in the pavement.
- Broken handrails
- Poorly maintained stairs or ramps going from the boardwalk to the beach
- Inadequate lighting at night
- Standing water after a heavy rainfall
- Debris left in pedestrian pathways
- Damaged stairways
- Crowded conditions
What Are Common Slip and Fall Injuries?
Slip and fall injuries can range from minor cuts and scrapes to serious Traumatic Brain Injuries (TBIs). The severity of an injury often depends on a range of factors, including the force of impact, the type of surface that the person landed on, the part of the body that bore the brunt of the impact, and the age and overall physical condition of the person who fell. That being said, the following are examples of injuries that can occur in a slip and fall accident that occurs on, or in the vicinity of, the Virginia Beach boardwalk:
- Cuts and lacerations
- Joint and muscle sprains
- Torn ligaments or cartilage
- Broken bones
- Nerve damage
- Head wounds, concussions, and TBIs
- Compressed vertebrae
- Displaced discs
Who Is Liable for a Slip and Fall Accident on the Beach or Boardwalk?
To recover the financial compensation you are entitled to, you will need to identify the party or parties who own or are responsible for maintaining the property where you were injured. Several parties may be liable for a slip and fall accident that occurs on the boardwalk, on the beach, or in the general vicinity of the Virginia Beach boardwalk, including the following:
Private property owners
If a slip and fall accident occurs on a walkway located at a hotel, restaurant, or shopping area, the property owner may be liable if they failed to inspect or maintain the property and take the necessary steps to prevent slip and fall accidents.
Local or municipal governments
Beach areas, boardwalks, and promenades are often maintained by state and local governments. If the government or municipality responsible for properly maintaining the area fails to maintain the area or address potential hazards promptly, they may be held liable for a slip and fall accident.
Businesses operating on the boardwalk
If business owners fail to address spills, sand accumulation, rain, or ocean water, or any other hazard that can increase the risk of a slip and fall accident, they may be responsible for the dangerous situation they created and the resulting slip and fall injuries.
Third-party maintenance companies
If businesses or municipalities employ outside contractors to clean and maintain their walkways and handle any necessary repairs, they may be liable for a slip and fall accident if they fail to fulfill their responsibilities.
How Do I Prove Liability in a Beach or Boardwalk Slip and Fall Case?
To have a successful personal injury claim, you must be able to demonstrate the following elements of negligence:
- Duty of care. You will need to show that the property owner, or the party responsible for maintaining the property, had a legal obligation to keep the property safe and free from hazards and warn individuals of potential safety hazards.
- Breach of duty. Next, you will need to show that the negligent party failed to meet the “duty of care.” This means demonstrating that the negligent party knew about the unsafe condition, should have known the condition existed, or failed to take the necessary steps to address it.
- Causation. You will also need to show that the property owner or manager’s failure to meet their duty of care was the direct cause of the accident and your resulting injuries.
- Damages. Finally, you must show that you suffered financial losses as a result of the slip and fall injuries.
What Should I Do if I Am Injured in a Slip and Fall Accident on a Beach or Boardwalk?
Like any other personal injury accident, you must take the following steps to ensure that your legal rights are protected and that you recover the damages to which you are entitled:
- Report the accident. Notify the property owner or the party responsible for maintaining the property about the accident. You may also want to call 911 so that a police officer can come to the scene and fill out an accident report.
- Seek immediate medical attention. Whether your injuries are minor or severe, you must be examined by a healthcare professional who can determine the severity of your injury and recommend the most effective treatment option. This will also ensure that your injuries are documented if you pursue a personal injury claim.
- Collect evidence. If you are physically able to do so, take pictures of the hazard that caused the slip and fall accident, as well as your injuries and any damage to your personal property.
- Talk to witnesses. If the accident occurred on a busy beach or boardwalk area, it is highly likely that there were witnesses who saw the accident happen, particularly if the accident occurred during a busy time of the day. Ask the witnesses if they would be willing to provide a statement and ask for their contact information.
- Contact a slip and fall lawyer. A highly skilled slip and fall lawyer will help you navigate every step of the claims process, address all of your questions and concerns, and recommend the best legal course of action.
What Compensation Am I Entitled to in a Slip and Fall Claim?
If you can successfully prove that the negligent party was responsible for the accident that caused you injuries, you may be entitled to the following slip and fall compensation:
- All medical expenses associated with your injuries, including hospitalization, surgery, follow-up care, physical therapy, and prescription medication
- Future medical costs if long-term treatment is required
- Lost wages if you are unable to return to work for an extended period of time
- Loss of future earning capacity
- Property damage, including damage to your smartphone, eyeglasses or sunglasses, bicycle, stroller, or other personal property
- Pain and suffering
- Emotional trauma
Keep in mind that Virginia follows the “pure contributory negligence” rule, which states that if an injured person is found to be even 1% at fault for causing the accident, they are prohibited from recovering any damages.
For example, if you were talking on the phone or texting, or ignored posted warning signs when you fell, the property owner or the municipality may claim that you were partly to blame. If they can prove their claim, you will be unable to collect any financial compensation.
A highly skilled slip and fall lawyer will anticipate the tactics the other party may use to avoid paying the damages you are entitled to, ensure that your legal rights are protected, and pursue the maximum compensation you deserve.
The Virginia Beach Slip and Fall Accident Lawyers at Anchor Legal ® Represents Victims of Slip and Fall Injuries Suffered on the Beach or Boardwalk in Virginia Beach
If you or a loved one was injured in a slip and fall accident on a beach or boardwalk in Virginia Beach, do not hesitate to contact a Virginia Beach slip and fall accident lawyer at Anchor Legal. We will examine the details of your case, determine who is responsible for causing the accident, and pursue the maximum financial compensation you deserve. To schedule a free consultation, call today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we proudly serve clients in the surrounding areas.