Virginia Premises Liability Lawyer
Premises liability law plays a crucial role in ensuring your safety and protection when you’re on another person’s property. Property safety is important in VA, and owners who don’t maintain a reasonably safe environment can (and should) be held liable. This is why understanding the ins and outs of this type of personal injury claim becomes imperative – Not just for owners and management, but also for guests and visitors.
Our attorneys are equipped to help you seek compensation for your injuries in all types of premises liability cases. That being said, if you’ve suffered a serious injury due to a property owner’s negligence, you’re not alone in your fight for justice.
If you have suffered injuries because of someone else’s negligence, Sharif Gray at Broughton Injury Law can help. We have won millions of dollars in verdicts and settlements. Call Sharif at (804) 915-1611 or contact him online to schedule a free consultation. We will get justice for you.
What is a Premises Liability Claim in Virginia?
Premises liability laws uphold the implied promise that when you enter someone’s property (i.e., private residence, business, or public space), you have the right to expect a safe environment. However, determining what’s “safe” and what not isn’t always easy, which is why most premises liability cases require a seasoned legal professional to help interpret the laws, investigate fault, and seek compensation.
Generally, a premises liability claim can arise when someone sustains an injury on someone else’s property due to a dangerous condition that the property owner, management company, or occupier should have reasonably known about and addressed within a timely manner. This is one of the oldest legal concepts that falls under personal injury law – As it emphasizes the duty of property owners to maintain a safe environment for visitors, at the very least.
Experienced premises liability lawyers understand that these claims are all unique and dependent on the circumstances of the injury as well as the legal status of the injured person to be on the property. Here’s an example: the “duty owed” to a business invitee—a customer in a store, for instance—differs from the duty owed to a licensee, such as a social guest, or even a trespasser. As you can see, the property owner must follow different rules and are subjected to varying standards of care for different types of visitors on their property.
What You Should Know About Filing a Premises Liability Lawsuit
Suppose you’re thinking about filing a premises liability lawsuit. In that case, you, the injured party, or the injured person, must prove that the property owner or occupier was negligent in maintaining the property. In cases like this, negligence could show itself as an unsafe condition. That can include things like an unreasonably slippery floor, poor lighting, or even inadequate security measures.
When filing a claim and/or lawsuit, the claimant must clearly demonstrate that the property owner “knew or should have known” about the hazard in question and then failed to take reasonable care to fix it or provide security measures to prevent injury on their property.
In most cases, the insurance company representing the property owner will get involved, particularly when you’re seeking to recover compensation for injuries. The compensation can cover many kinds of damages, including:
- Medical bills (current and future)
- Lost wages
- Pain and suffering
- And more
In more tragic instances, such as when a fatality occurs, a wrongful death lawsuit might be the best route. The good news is you don’t have to figure this process out all on your own. An experienced premises liability lawyer can expertly navigate these complex claims, including interpreting policy limits and determining whether the owner/occupier’s failure to keep the property safe can be considered negligent according to premises liability laws in Virginia.
Further, They’ll work tirelessly to ensure you get the fair settlement you deserve, or potentially take it a step further (if a settlement can’t be reached) and pursue the case in court if necessary.
How is Liability Determined?
Filing the claim is the easiest part of the process – And, determining liability in a premises liability claim is the tricky part. That’s because it involves closely scrutinizing and assessing the property owner’s duty of care and whether a breach of this duty led to the injury in the claim. Perhaps one of the most essential aspects of this process is having a thorough understanding of Virginia’s contributory negligence laws. Basically, these laws state that if the injured party is found even remotely responsible for the accident, they could be barred from recovering any form of compensation.
This is where our skilled liability lawyers step in to meticulously evaluate the circumstances of each case, while considering factors like:
- The property’s condition
- The owner’s actions or inactions, and
- The injured party’s behavior
These factors combined with solid knowledge of VA tort laws can help your attorney to build a strong liability claim against at fault parties.
In other states, determining liability involves understanding the comparative fault system. This system is the opposite of VA’s pure contributory negligence law as it assesses the degree of fault of all parties involved – And, if the injured party is found partially responsible for their injury, their compensation could be reduced based on their percentage of fault. This principle is part of the general rule in most states, but unfortunately, not Virginia.
It’s important to note that special rules may apply depending on the nature of the premises and the status of the injured party. For example, the intermediate duty standard, which is much less stringent than the highest duty owed to invitees, might apply in some cases. Continue reading to learn more about these designations and who they’re owed to.
What’s The Difference Between Invitee, Licensee, and Trespassers in VA?
The people on a property at any given time can fit into three categories. They include the invitee, licensee, and trespasser. Property owners owe each category a different level of duty.
Invitee: An invitee is someone who enters a property for business purposes (ex. a customer in a store). In these cases, property owners owe the absolute highest duty of care to invitees. This means they must ensure the property is safe and warn them of any known dangers.
Licensee: A person who’s on the property for their own purposes (ex. a social guest). Property owners must warn licensees of any unsafe conditions that the owner is aware of but the licensee is not.
Trespassers: Trespassers enter the property without having permission. The property owner’s duty towards trespassers is limited in Virginia compared to the other two categories – Generally this level requires the owner to refrain from willful or wanton conduct causing injury (i.e., setting a bobby trap).
Types of Premises Liability Cases
Premises liability encompasses various situations where injuries occur due to a property owners’ negligence or carelessness. A deep understanding of these different types of claims can greatly help in identifying the best legal approach for each specific case.
We’re ready to handle a broad range of premises liability claims. Contact us today to learn how we can help you seek maximum compensation for your injuries.
Slip and Fall Accidents
These are among the most frequent premises liability claims – and the most dangerous. These accidents usually happen due to hazardous conditions like wet floors, icy walkways, or uneven surfaces. Property owners have a duty to maintain their premises and warn visitors of any potential hazards – If they don’t, and it somehow leads to an injury, they can be held liable to the fullest extent of civil law in VA. Learn more about slip and fall accidents here.
Swimming Pool Accidents
These situations can be absolutely tragic –especially when children are involved. These types of accidents generally include drowning or severe injuries due to:
- Improper safety measures
- Inadequate maintenance, or
- Lack of supervision
Owners of properties with pools are required to adhere to specific safety regulations to prevent such accidents – Neglecting to do so can lead to claims and lawsuits.
Attractive Nuisance
As the name suggests, the doctrine of “attractive nuisance” applies to potentially dangerous conditions that could attract children (i.e., unsecured swimming pools, trampolines, or abandoned machinery). Property owners are obliged by the law to take steps to prevent children from accessing these hazards and getting injured.
Hotel Injuries
Guests at hotels or resorts may suffer injuries due to any number of reasons that could be attributed to negligence. This can include but not limited to:
- Falls caused by hazards in the lobby
- Unsafe furniture, or
- Poorly maintained facilities
Hotel owners and management companies must ensure that their premises meet strict safety standards to protect guests from harm – Otherwise, they could be held liable for any injuries.
Inadequate Security
Suppose a business has inadequate security that leads to assaults or thefts, property owners. In that case, they can potentially be held liable. This is particularly important to remember in areas known for much higher crime rates where the lack of adequate security measures can almost predictably lead to harm.
Dog Bites
If you get attacked by a dog while legally on another person’s property, owners could be held liable for such dog bite incidents on their premises. That’s especially true if they knew the dog had a tendency to bite or did not take adequate steps to prevent the animal from harming others.
Accidents Due to Inadequate Maintenance
Accidents resulting from failing to properly maintain properties (i.e., broken handrails, loose flooring, or malfunctioning equipment) fall under premises liability laws. Owners across the state are required to regularly inspect and repair their properties to ensure safety – Neglecting to do so can result in expensive claims against their property insurance carrier.
Defective Stairways
Injuries resulting from defective or improperly maintained stairways, can be particularly devastating for the elderly or otherwise physically vulnerable. This type of claim can include examples like:
- Broken steps
- Missing handrails
- Poor lighting
- Unreasonably slick stairways
- And more
These can all lead to premises liability claims – Which is why property owners are responsible for ensuring that stairways are safe for use.
What Can I Sue For If I Was Injured On Another Person’s Property?
If you’re pursuing a premises liability claim against a property owner, it’s in your best interest to understand the different types of damages you can sue for. These damages are broadly categorized to compensate for the multitude of ways an injury can impact every facet of your life. We’re here to help you identify and accurately quantify these damages to ensure you receive the maximum compensation you deserve for your injuries.
Economic Damages
Economic damages refer to the tangible (i.e., countable), out-of-pocket expenses that are related to your injury. These typically include:
- Medical Bills: Costs for emergency room visits, hospital stays, surgeries, medications, ongoing medical treatments, and more. Here’s an example: Suppose you suffer a broken leg due to slipping on a wet floor at a store. In that case, you may be able to claim all related expenses.
- Lost Wages: You can even be compensated for the income you lost while recovering from your injury. That means that if you’re unable to work for weeks or months, you can claim the wages you would have otherwise earned during this period.
- Future Medical Expenses: In cases of a more severe injury that requires long-term or even life-long treatment, you can potentially claim for future medical costs. This can include ongoing physical therapy, future surgeries, or even at-home care.
- Loss of Earning Capacity: If the injury affects your ability to work or earn at the same level as before the incident in perpetuity, you can claim for this loss, and seek fair compensation for the money you’re going to miss out on due to the injuries resulting from the accident.
Non-Economic Damages
Non-economic damages compensate for the intangible (incalculable), subjective losses you have experienced due to your injury. Depending on the facts surrounding your case, they can include:
- Pain and Suffering: Physical pain and discomfort suffered as a result of the injury. This can include something like chronic back pain resulting from a fall on someone else’s property.
- Emotional Distress: Damages for the psychological impacts of the accident – Which can include anxiety, depression, or PTSD stemming from the incident.
- Loss of Enjoyment of Life: If the injury has such an effect that you’re no longer able to enjoy hobbies and daily activities you participated in before the injury, it may be compensable.
- Loss of Consortium: Generally, this kind of damage refers to the incredibly negative impact on the relationship with your spouse due to the effects of the injury, including loss of companionship or affection.
Punitive Damages
In some cases (though rare), these kinds of damages can be awarded. Though, it’s important to note that they aren’t just meant to compensate the victim. Rather, they’re to further punish the defendant for any particularly egregious or reckless behavior as well as to dissuade others from taking similar actions in the future.
Contact a Premises Liability Law Firm in Virginia
We’re committed to providing top notch legal representation in all types of premises liability cases. Whether your case requires extensive knowledge of the law, detailed investigations, expert witnesses, or aggressive negotiations, our seasoned attorneys are here to work diligently to ensure you get the justice and compensation you deserve. Contact us for a free consultation and let us help you navigate through the complexities of your premises liability case step by step.
“We Get Justice For Injured People In Court, and We Love What We Do”
We are not settlement lawyers. Sharif Gray has proven that he can and will get results in court, and the insurance companies know that. If you have suffered injuries because of someone else’s negligence, we can help.
Sharif Gray is committed to trying cases well. Because of that, he does not handle hundreds of cases at a time. He is selective in the cases he takes so he can get justice for the people he represents. In every case, he has three goals:
- Hold the responsible corporation or individual fully accountable.
- Make the community safer, so others are not also harmed.
- Compensation that recognizes the full and fair value of what was taken from your health and quality of life.
We love what we do, and we are proud of the positive impact we have had and will continue to have on the people we represent and the community we live in.
If we can be of help to you, please do not hesitate to call us at (804) 915-1611 or contact us online to schedule a free consultation. We will get justice for you.
