How Can Virginia Code Violations Help a Slip-and-Fall Claim?

You were going about your Saturday as usual. Then, you slipped and fell inside a restaurant. Suddenly, you were thrown into an experience most people want to avoid—a slip and fall accident involving a business.

You go to the doctor and you’re diagnosed with a torn ligament in your leg. You may need surgery. Now, you’re facing medical bills for treatment and lost wages because you have to be out of work, say nothing of the pain, suffering, and inconvenience.

At Shapiro, Washburn & Sharp, we have been helping injured victims since 1985. We have over 100 years combined legal experience, and our firm is recognized as a Tier 1 “Best Law Firm” for general personal injury since 2010.

When you contact our Virginia Beach slip and fall lawyers, one of the first things we’ll do is conduct a thorough investigation of the accident to see if the property owner violated any building codes. Code violations can provide powerful evidence of negligence, and we know exactly what to look for.

Below, we explain more about why building code violations can be critical to your case. Meanwhile, if you or a loved one was injured in a slip and fall accident,  please call us today at 833-997-1774 for a free consultation.

What Are Building Codes?

Building codes are laws passed by legislators in an effort to keep buildings safe for people. The codes set rules for how buildings should be designed, constructed, altered, or maintained, and talk about things like lighting, stairs, floors, handrails, and surfaces. You can think of them as the minimum safety requirements that every property owner has to follow.

In Virginia, the Virginia Uniform Statewide Building Code (USBC) governs the building codes in the state. It contains the building regulations that companies must comply with when constructing a new building or structure, or when adding on to an existing building. Companies must also follow these regulations when maintaining or repairing an existing building, or renovating or changing the use of a building or structure. The Virginia Department of Housing and Community Development (DHCD) administers the USBC, and the codes are based on nationally recognized model codes.

What Does It Mean to Violate a Building Code in Virginia?

If a property owner, builder, or manager fails to meet the minimum safety and construction standards set by the Virginia USBC, they may be given a building code violation. If so, a local code official from the city or county’s building department may issue a notice of violation, which alerts the owner, builder, or manager to the problem and requires that the problem be fixed. If it isn’t taken care of, the owner, builder, or manager may face fines or even legal action.

Under Virginia Code 13VAC5-63-150, Section 115 Violations, owners have a duty to correct violations within a set time.

For example, imagine that a builder installs a stairway with a handrail, but that handrail is not at the required height. That could be a code violation. Even if no one has been injured, failing to follow the rules alone is considered dangerous and unlawful. Under Virginia law, violations may be discovered during a building inspection, but also after an incident like a slip-and-fall.

What Are Some Common Code Violations in Slip-and-Fall Accidents?

If you are hurt in a slip-and-fall accident, a building code violation can go a long way toward helping to prove that a property owner or manager acted negligently. It is a powerful piece of evidence.

Certain kinds of violations frequently appear in slip-and-fall cases.

Uneven or damaged flooring.

Virginia’s code requires floors in public buildings to be smooth and stable. Cracked tile, uneven concrete, loose carpeting, or missing flooring can all create tripping hazards. A partially broken tile near a store or restaurant entrance, for example, may cause someone to catch their foot and fall. This could be evidence of negligence, particularly if the owner knew about the crack but didn’t fix it.

Insufficient lighting.

Proper lighting makes certain areas of a building much safer. The law requires that different areas have certain levels of illumination. If there are dim areas, such as in a corridor, stairwell, or parking area, this can hide trip or slip hazards. If a stairway is dim, for instance, a person may not be able to see debris or a wet patch and end up falling and hurting themselves.

Codes also require emergency lighting systems that activate during power outages. If these systems fail, people may be left in the dark during an emergency, which can lead to serious accidents.

Missing or faulty handrails.

As noted above, stairs with more than three risers typically require handrails to be installed at the correct height and securely attached. A broken handrail or one that is too short will fail to offer the required support when someone slips on the steps.

Improper Floor Materials

Codes require slip-resistant materials for different types of flooring, particularly in those areas that are likely to get wet. If a property owner uses materials that don’t comply with these codes, they could be negligent in an accident.

Wet floors without warning signs.

Spills happen, and that’s okay as long as the building owner or manager makes sure that people know about it and then attends to it quickly. If a spill or wet patch is left unattended without a warning sign, it constitutes a violation of safety requirements.

Broken or uneven stair treads.

Stairs must not only be well-lit with proper handrails—they must also have uniform riser heights and secure treads. In other words, each stair should be set at an equal distance away from the one before it, so they’re all even. They must have surfaces that provide adequate traction. A stair with a loose, cracked tread or one “off” stair can lead someone to trip and fall.

Unsecured mats or rugs.

Near entryways, rugs must lie flat and be securely affixed. A curled edge or shifting mat can catch someone’s foot, causing an accident.

Accessibility code violations.

The Americans with Disabilities Act (ADA) and Virginia accessibility codes require that buildings make certain accommodations for those with disabilities. Ramps, for instance, must not be too steep or lack proper landings that cause people to lose control and fall. Doors, as well, must have certain clearances to help ensure safe passage.

Electrical cords, boxes, or obstacles in walkways.

These all create tripping hazards and violate safety standards for safe and clear pathways.

What If There Were No Code Violations?

If the property owner violated certain building codes, that shows the owner failed to act with reasonable care, which provides strong evidence of negligence. But what if there were no code violations?

That doesn’t mean you won’t be able to obtain compensation for your injuries. Property owners may still be negligent under general law. At Shapiro, Washburn, & Sharp, we will investigate whether the owner was aware of the hazard and failed to address it or provide warning. It could be that they didn’t properly maintain the building, or didn’t adequately train their employees to manage spills or address slip hazards.

Other evidence, like witness statements, cleaning logs, surveillance footage, incident reports about previous similar accidents, and internal policies, may come into play as well.

How a Slip-and-Fall Attorney Can Help

At Shapiro, Washburn & Sharp, our experienced attorneys will review inspection records, locate building code violations if present, get expert testimony if needed, and put together as much clear proof linking the hazard to your injury as possible. We also handle communications with the business owner and/or insurer, so you don’t have to mess with it. If building code violations exist, we’ll use them to strengthen your case. If not, we’ll focus on other types of evidence.

If you or a loved one was hurt in a slip-and-fall accident, contact us right away. The sooner you contact us, the better we can preserve crucial evidence for your case, as we did for a client who slipped on a set of stairs at a rented vacation home near Smith Mountain Lake. He suffered from a broken hip. The case went to a jury trial, where we presented evidence that resulted in an $800,000 jury award.

Contact our experienced slip-and-fall lawyers at our offices in Virginia Beach, Norfolk, Portsmouth, Suffolk, Hampton, and Chesapeake.

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