Virginia Premises Liability Lawyers

Helping Accident Victims File Claims Against Negligent Property Owners

A hard-to-see spill, a stairway without a railing, or an improperly secured shelf could cause an accident you have no way of preventing. When dangerous conditions like this cause injury to a property’s visitors, the victims of any such accidents may be able to file a premises liability claim.

Why is it worth considering contacting a premises liability lawyer to file a claim? Slip and falls, one of the most common premises accidents, can cause serious injuries such as a broken hip, spinal cord injury, or even brain damage.

Victims may need intense medical care and rehabilitation. They might miss work and be unable to perform other necessary duties. In the case of a serious injury, their loved ones are also likely to be affected. The damages faced by a victim and their loved ones can cause financial stress and instability in a time of need.

Anyone facing losses like these should reach out to an experienced premises liability team to learn about their rights and options after an accident. We provide free consultations* to accident victims.

Contact The Barrera Law Firm, PLLC 24/7 at (571) 290-2390 to speak with one of our experienced attorneys. With $75 million recovered and over 100 cases taken to trial, our team is ready to serve you.

Understanding Premises Liability

In general, property owners are obligated to protect visitors by warning of dangerous conditions and/or removing them within a reasonable amount of time.

Premises liability is anchored in the duty of care that property owners owe to ensure the safety and well-being of visitors. This legal area covers various circumstances, such as defective conditions and hazardous property issues, that could arise from inadequate maintenance, lack of proper safety protocols, or failure to adhere to local building codes. Understanding the nuances of how liability is determined, based on visitor status, is crucial for effective legal navigation.

Visitor Categories

However, visitors have a different legal status depending on why they have come to a property.

The different types of visitors are:

• An invitee is someone whose visit benefits the property owner. For instance, a patron at a restaurant or a shopper at a grocery store would be considered an invitee.
• A licensee is someone who is visiting the property for their own benefit and with the consent of its owner. This may refer to a social guest or someone who crosses through private property to access a good fishing spot.
• A trespasser is someone who is neither visiting with the consent of the property owner nor for the property owner’s benefit. Someone who sneaks through another’s yard to play a prank on them might be considered a trespasser.

A property owner’s duty to keep a visitor safe is highest for invitees and lowest for trespassers.

Therefore, the way we present your argument depends on why you were visiting the location at which you were injured. This is one of the details our attorneys will ask for when listening to your story so we can start to put together a legal plan for you.

Types of Premises Liability Cases

Slip and falls are perhaps the most common type of premises liability case, but there are many ways in which a property owner’s negligence can result in a serious accident and injury.

Our team can help you with cases including:

• Building/Safety Code Violations: Property owners are required to comply with building codes and safety regulations to ensure their premises are safe for visitors. Violations of these codes, such as inadequate fire exits, faulty electrical wiring, or lack of proper ventilation, can lead to accidents and injuries.
• Dog Bites: Owners are responsible for controlling their pets and preventing them from causing harm to others. Dog bites and attacks can result in severe injuries, and owners may be held liable for failing to properly restrain or control their animals.
• Fires: Property owners have a duty to maintain fire safety measures, such as functioning smoke detectors, fire extinguishers, and fire exits. Negligence in fire prevention or failure to address fire hazards can result in devastating fires that cause injuries or fatalities.
• Inadequate Security: Property owners have a duty to provide adequate security measures to protect visitors from foreseeable criminal acts, such as assaults, robberies, or burglaries. Failure to install proper lighting, surveillance cameras, locks, or security personnel may lead to liability if someone is injured due to inadequate security.
• Obstruction: Cluttered walkways, debris, or objects left in pathways can create tripping hazards and cause accidents. Property owners are responsible for maintaining clear and safe pathways for visitors to navigate without encountering obstructions.
• Poor Lighting: Inadequate lighting in parking lots, stairwells, hallways, or other areas of a property can obscure hazards and increase the risk of accidents, such as slips, trips, and falls.
• Porch Collapse: Property owners are responsible for ensuring the structural integrity of porches, balconies, and decks. Failure to maintain these structures or address structural defects can lead to collapses and serious injuries.
• Slip & Falls: Slippery surfaces due to spills, wet floors, or icy conditions can cause individuals to slip and fall. Property owners have a duty to promptly clean up spills, provide warning signs, and take measures to prevent slip and fall accidents.
• Swimming Pool Accidents: Property owners with swimming pools must take appropriate safety measures to prevent accidents, such as installing fences, gates, and pool covers. Failure to do so can result in drowning or other pool-related injuries.
• Trip & Falls: Tripping hazards, such as uneven sidewalks, loose carpeting, or protruding objects, can cause individuals to trip and fall. Property owners are responsible for identifying and addressing these hazards to prevent accidents.
• Unsafe Stairways: Defective or poorly maintained stairways, including broken steps, loose handrails, or inadequate lighting, can pose significant risks of falls and injuries.

Additional forms of premises liability cases can include areas like playground and recreational equipment failures, which require routine inspection and maintenance to guarantee safety. Furthermore, amusement park accidents arising from mechanical failures or inadequate staff training can also lead to liability questions for operators.

Property Owner Responsibilities in Virginia

In Virginia, property owners have specific responsibilities to maintain safe environments for their guests and visitors. These duties are shaped by state laws that require property owners to promptly address potential hazards and provide adequate warnings if any danger is present. Failure to uphold these responsibilities can lead to liability if a visitor is injured.

Owners must conduct regular inspections to identify hazards such as wet floors, structural damages, or any conditions that could lead to an incident. Virginia law emphasizes the importance of immediate corrective actions to rectify these issues. For instance, in multi-unit dwellings, property owners are tasked with ensuring common areas are safe and repair any damages promptly to avoid accidents. The expectations in Virginia reflect a broader commitment to public safety and underscore the importance of due vigilance by owners.

Who Is Liable in Premises Liability Cases?

In Virginia, premises liability refers to the legal responsibility of property owners or occupiers to ensure that their premises are reasonably safe for visitors or guests. Liability for accidents or injuries that occur on someone's property can fall on various parties depending on the circumstances. Here's a breakdown of who can be held liable for premises liability in Virginia:

• Property Owners: Property owners have a duty to maintain their premises in a reasonably safe condition. This includes addressing any hazardous conditions, conducting regular inspections, and providing warnings about potential dangers. Owners can be held liable for injuries resulting from negligent maintenance, failure to repair known hazards, or failure to warn visitors about dangers.
• Tenants or Occupiers: If the property is leased or rented, the tenant or occupier may also bear some responsibility for maintaining safe conditions within their leased space. However, the extent of their liability depends on the terms of the lease agreement and the degree of control they have over the premises.
• Property Managers: In cases where property management companies are responsible for maintaining the premises, they may also be held liable for injuries resulting from negligent maintenance or failure to address hazards.
• Contractors and Maintenance Companies: If a third-party contractor or maintenance company was hired to perform work on the property and their actions contribute to an injury, they may be held liable for premises liability if their negligence caused or contributed to the hazardous condition.
• Government Entities: In some cases, if the property in question is owned or maintained by a government entity (such as a municipal park or government building), that entity may be held liable for injuries resulting from dangerous conditions on the premises. However, special rules and procedures often apply when suing a government entity.

Compensation in Premises Liability Claims

Every personal injury case offers a chance for the plaintiff to request compensation for their damages—or losses—caused by the accident. This money can help you access treatment and support yourself and your loved ones while you recover.

It’s important to consult with a premises liability attorney in Alexandria before considering any settlement so you know what a fair offer looks like. Insurers often start by offering an amount that won’t meet all your needs. Therefore, mapping out the consequences of your injury now and into the future can help you decide whether to say yes or to fight for more compensation.

In Virginia, you’re allowed to recover:

• Medical expenses
• Cost of future medical care
• Lost income
• Lost earning capacity
• Pain and suffering
• Mental anguish
• Loss of enjoyment of life

In rare cases, if the negligence that caused your accident is considered “willful and wanton,” you may be able to receive punitive damages as well. These damages are solely to punish the negligent party for its misdeeds.

Proving a Premises Liability Claim

To win a premises liability case in Virginia, you must establish the property owner’s negligence by proving the following four essential elements:

Duty of Care

You must first show that the property owner owed you a duty of care. This means that the owner or occupier of the property had a legal responsibility to ensure their premises were reasonably safe for visitors. The duty of care depends on your legal status as a visitor, as mentioned above.

Breach of Duty

Next, you must prove that the property owner breached their duty of care by failing to maintain a reasonably safe environment. This breach could occur by either failing to fix a hazardous condition or not providing adequate warnings about potential dangers. For example, a property owner may breach their duty if they knew or should have known about a broken staircase or a wet floor and failed to repair or warn about it in a timely manner. A breach can also occur when owners allow dangerous conditions to persist, making the premises unsafe for visitors.

Causation

Causation involves demonstrating that the breach of duty directly caused your injury. You need to show that the unsafe condition on the property was the proximate cause of your injury and that, but for the property owner’s negligence, you would not have been hurt. For instance, if you slipped on an unmarked wet floor and suffered a back injury, you must establish a clear link between the wet floor (the hazardous condition) and your injury.

Damages

Lastly, you must prove that you suffered actual damages as a result of the property owner’s negligence. You must document your injuries with medical records, photos, witness testimony, and expert opinions to support your claim for damages. Without provable damages, even if negligence is established, you cannot recover compensation.

Evidence collection is crucial in proving these elements, which may require gathering surveillance footage, maintenance records, and witness statements to strengthen your argument. Understanding the degree of care breached and its direct impact on damages is essential for a successful resolution. Collaborating with an Alexandria premises liability attorney offers the advantage of professional guidance, ensuring all necessary aspects of your case are effectively addressed.

Statute of Limitations for Premises Liability Claims in Virginia

Under Code of Virginia 8.01-243 and 8.01-244, you have two years from the date of injury to file a premises liability claim in court. 

If you were injured on someone else’s property and you believe the property owner knew or should have known about the hazard behind your accident, we encourage you to reach out to one of our attorneys. We can help you determine whether you may have a valid claim.

It is vital to adhere to the statute of limitations, as filing late can result in losing your right to seek compensation. However, certain exceptional circumstances, such as discovering injuries after some time or extending timeframes for minors, might allow for extensions. By consulting with a legal professional, you ensure all deadlines are met and explore potential exceptions that might apply to your unique situation.

Local Considerations for Premises Liability in Alexandria

Alexandria, with its historic sites, bustling neighborhoods, and thriving businesses, presents unique challenges for premises liability. Property owners in historic districts must balance preservation with public safety, ensuring that old structures do not pose risks to visitors. Compliance with local ordinances and regulations is crucial, as the city prioritizes both heritage conservation and modern safety standards.

Additionally, Alexandria's vibrant tourism and dense population require heightened awareness of common areas, public sidewalks, and commercial spaces. Property owners must align with city codes, which may differ from state codes, to ensure full compliance. Addressing these local concerns not only meets legal obligations but also fosters goodwill and trust within the community, an invaluable asset for any property owner in Alexandria.

Frequently Asked Questions About Premises Liability

What Should I Do Immediately After a Premises Liability Incident?

After experiencing a premises liability incident, the first step is to ensure your safety and seek medical attention if necessary. Document the scene of the incident meticulously; this includes taking photographs of the hazard and your injuries, if possible. Collect contact information from any witnesses and report the incident to the property owner or manager. Maintaining a record of all medical treatments and expenses associated with the injury is also crucial. Following these steps can support any subsequent legal actions and provide evidence should you decide to file a claim.

How Does Contributory Negligence Affect My Claim in Virginia?

In Virginia, contributory negligence law poses significant challenges for premises liability claims. If you are found even partially responsible for the accident, you may be barred from recovering damages. This means proving the property owner's negligence without evidence of your own fault is critical. Therefore, working with an experienced premises liability attorney who understands local laws and can effectively argue on your behalf is essential. Legal guidance can help navigate the complexity of contributory negligence, ensuring your rights are protected throughout the process.

What Are the Common Defenses Used in Premises Liability Claims?

Common defenses in premises liability claims include arguing that the hazardous condition was open and obvious to a reasonable person, reducing the owner's liability. Property owners may claim comparative fault, asserting that the injured person did not exercise caution, leading to their injury. Additionally, meeting applicable safety codes at the time of the incident can be used as a defense. Thus, it is crucial to build a robust case with clear evidence and navigate these defenses effectively to achieve a favorable outcome.

Is a Business Liable for Third-Party Acts on Its Property?

In certain instances, businesses might be liable for third-party acts occurring on their property if they failed to provide adequate security or if the act was foreseeable. For example, if a business is situated in a high-crime area, they have a duty to install surveillance systems and employ security professionals to protect visitors. Liability may arise if a foreseeable risk was ignored, leading to injury. Maintaining a safe environment with proper security protocols can significantly reduce the risk of liability concerns.

What Evidence Is Essential in Proving a Premises Liability Claim?

Evidence plays a pivotal role in proving premises liability claims. Essential evidence includes photographs of the incident scene, any dangerous conditions present, witness testimonies, and medical records documenting the injuries. Additionally, maintenance logs, previous complaints about the hazard, and surveillance footage can provide context and support your claim. Gathering comprehensive evidence from the onset can substantiate your case and is best done with legal assistance to ensure all potential evidence is obtained and properly documented.

Our Caring Attorneys Are Here to Help You

Dealing with complex medical needs and facing significant changes to your routine is never easy. Our team wants to make sure these challenges don’t get in the way of you making a claim for compensation.

Having someone whose job is purely to fight for you can provide comforting support and security during a difficult period. You’ll also get the benefit of having a skilled and professional team advocating for your rights.

Our attorneys have over 75 years of combined experience helping accident victims maximize their compensation. We’ve dealt with countless insurers and proven time and again that we aren’t afraid to take a case to trial if necessary. If a business or insurer isn’t willing to provide a settlement you’re happy with, we’ll do everything we can to increase the amount you receive.

During the process, we’re available to answer your questions and help you understand why we’re taking certain steps on your behalf. Our team wants you to feel comfortable and confident as you make these big decisions with us by your side.

Call us any time for a free consultation*: (571) 290-2390. The Barrera Law Firm, PLLC is located in Virginia, but our skilled attorneys can also represent clients in Maryland and Washington, D.C.