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 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 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.
What Is 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.
Types of Visitors
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 or 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
- Dog bites
- Fires
- Inadequate security
- Obstruction
- Poor lighting
- Porch collapse
- Slip & falls
- Swimming pool accidents
- Trip & falls
- Unsafe stairways
Do You Need to Prove Intent in a Premises Liability Case?
Premises liability claims don’t have to involve any sort of intent on the property owner’s part. Sometimes dangerous conditions are created through failure to maintain property and address known hazards. However, especially for businesses, it’s their duty to make sure invitees and (to a lesser extent) licensees are not at risk of suffering a preventable injury.
What Damages Are Available in a Premises Liability Claim?
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 an attorney 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.
What Is the Statute of Limitations for Premises Liability Cases 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.
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.
