People that suffer injuries after suffering a slip and fall accident may be entitled to compensation paid by the owner of the property in which they fell. Premises liability is the area of liability law that covers slip and fall accidents, as well as other accidents that happen on someone else’s property. If you recently suffered injuries as a result of a slip and fall accident, you should consult a Richmond, Virginia slip and fall injury attorney immediately.
Portner & Shure, P.A. in Richmond, Virginia can help you navigate your premises liability claim, which might be rife with complications and hurdles. We have spent more than 30 years practicing law with an intentional focus on complex personal injury claims managed solely for plaintiffs. When you need an ally to navigate the legal waters ahead, you will want us first.
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What is a Premises Liability Claim?
Property owners are required to maintain their property and use reasonable efforts to keep their property safe for anyone on it. This requirement stems from a duty that property owners owe to every potential visitor to their property, including when they are not expecting any guests. The level of duty that a property owner owes to a potential visitor depends on the visitor’s status or reason for being present on the property.
Visitors can be sorted into these categories under liability laws in Virginia:
- Business Invitee: This includes persons visiting a property for business purposes, including customers. Business invitees are owed the highest level of care. A property owner must make the property safe through reasonable inspections of known and hidden dangers. Additionally, the owner must warn of potential hazards.
- Licensee: This includes persons visiting a property for personal or family reasons, such as a social guest or family member. Licensees are owed a lower level of care. A property owner does not have to make the property safe or inspect the property. The owner of the property must provide a warning regarding known dangers.
- Bare Licensee: This includes persons that visit a property for their own reasons and must have permission to enter the property, such as a traveling salesman. Bare licensees are owed an even lower level of care. The owner must not do anything in a wanton or intentional manner to harm the visitor.
- Trespasser: These are people who enter property without the owner’s permission. Trespassers are owed the lowest level of care. The owner of the property must not do anything in a wanton or intentional manner to harm the trespasser and is prohibited from setting traps.
A victim has a viable premises liability claim when they suffer an injury on the property due to the presence of a dangerous condition.
Property Owners’ Obligations in Virginia
If a property owner had knowledge of a hazard and failed to provide sufficient warning of the hazard or repair the hazard, they may be liable for damages. If a hazard was obviously present and a property owner failed to learn of it through reasonable inspections, a property owner may be liable, too. The legal requirements for these claims, along with a person’s status on the property, provide several defenses for property owners, though.
Types of Premises Liability Accidents in Richmond
Premises liability accidents can occur in various ways, including:
- Slip and Fall Accidents: Caused by hazards like spilled liquids, ice, or worn carpeting.
- Negligent Security: Injuries resulting from inadequate security measures, such as poor lighting or lack of surveillance.
- Falling Objects: Items falling from shelves or structures.
- Swimming Pool Accidents: Drowning or injuries due to unsafe pool conditions.
- Dog Bites: Injuries caused by unrestrained or aggressive animals.
If you’ve experienced any of these accidents, consult a premises liability lawyer in Richmond, VA to explore your legal options.
Types of Premises Liability Injuries in Richmond
Premises liability accidents can lead to a wide range of injuries, including:
- Broken bones
- Concussions and brain injuries
- Back and neck injuries
- Hip, knee, or ankle injuries
- Spinal cord injuries
- Permanent disabilities
These injuries often require extensive medical treatment, rehabilitation, and time away from work. A Virginia premises liability attorney can help you seek compensation for your medical expenses, lost wages, and pain and suffering.
Damages for a Richmond Premises Liability Injury
Victims of premises liability accidents may be entitled to compensation for:
- Medical Expenses: Emergency care, surgeries, and rehabilitation.
- Lost Wages: Income lost due to time away from work.
- Pain and Suffering: Physical and emotional distress caused by the injury.
- Future Damages: Ongoing medical care and diminished earning capacity.
A skilled Virginia premises liability lawyer will calculate the full extent of your damages to ensure you receive fair compensation.
Defenses to Premises Liability Claims
The most frequently used defense by property owners is a lack of knowledge. Successful claims depend on the property owner failing to repair a hazard after learning of it or failing to discover the hazard through reasonable inspections. Property owners often argue they are not liable because they were unaware of the hazardous condition.
Virginia’s Harsh Contributory Negligence Laws
Virginia is one of the few states that follows the contributory negligence rule, which can significantly impact premises liability cases. Under this rule, if an injured party is found to be even 1% at fault for their accident, they are completely barred from recovering any compensation.
For example, in a slip and fall case, the property owner may argue that the victim:
- Failed to notice an obvious hazard, such as a wet floor with a warning sign.
- Was distracted, such as looking at their phone while walking.
- Wore inappropriate footwear for the conditions, like high heels on an icy surface.
This strict standard makes it incredibly challenging for victims to secure compensation, even when the property owner’s negligence is evident.
Virginia Statute of Limitations for Premises Liability Cases
In Virginia, the statute of limitations for filing a premises liability claim is two years from the date of the injury. Missing this deadline can result in losing your right to seek compensation. Contact a premises liability attorney in Richmond, VA, as soon as possible to ensure your claim is filed on time.
Contact Portner & Shure, P.A. Right Away
Insurance companies routinely deny claims by slip and fall victims by blaming them for their own injuries. When a case goes to court, insurance companies vigorously defend premises liability claims as if their entire company’s future depended on it.
If you suffered an injury as a result of negligence, you should seek representation by a knowledgeable and aggressive Richmond, Virginia premises liability attorney.
To schedule a free consultation regarding your premises liability claim with our lawyers, contact Portner & Shure, P.A. now.
