Vienna, Virginia Premises Liability Lawyers
Slip & Fall Accident Attorneys in Vienna, Virginia
Premises liability claims are among the least understood personal injury claims. Slip and fall injury claims are among the most common types of premises liability claims, making the details behind them quite misunderstood. Popular culture has led people to believe that a property owner is automatically at-fault based on the mere fact that an injury occurred on their property. This is, of course, not always true, and the reality of the situation is much more legally complex than you might expect.
For a claimant to receive proper compensation, skilled legal representation is highly advised. Portner & Shure, P.A. has a team of Vienna, Virginia premises liability attorneys at the ready to help you with the proper management of your claim. If you slipped and fell, were bitten by a dog, suffered an assault, or otherwise became injured on someone else’s property, then we want to know about it.
Connect with our team at once. Call (703) 291-3263.
What is a Premises Liability Claim?
A premises liability claim arises when a victim suffers an injury on someone else’s property due to the existence of a dangerous condition that reasonably should have been cleared or forewarned. Property owners have a duty to maintain their property and keep it reasonably safe to most anyone on their property, even burglars in some situations. The exact details of this duty of care depend on the type of property in question and the victim’s reason for being on the property.
A high duty of care is owed to persons who enter a property for business purposes at the owner’s invitation. For example, customers, clients, vendors, and employees are owed a high duty of care. On the other hand, criminal trespassers are owed the lowest duty, but they are still owed some duty of care.
Where Slip & Fall Accidents Happen
As mentioned, slip and fall claims are easily the most common type of premises liability claims in the average court system. People can slip and fall at any time, so property owners need to pay constant attention for potential slip or trip hazards.
Slip and falls usually occur due to dangerous conditions such as:
- Broken stairways
- Spilled liquid
- Lack of handrails
- Lifted carpeting
- Poor lighting
Depending on the facts surrounding the dangerous condition and a victim’s fall, the owner of the property may be liable.
Laws About Premises Liability Claims in Vienna, Virginia
A property owner can be liable if they knew of a dangerous condition on their property but failed to repair the condition or provide sufficient warning of the condition. A property owner may also be liable if the dangerous condition was so obvious that the property owner should have known about it through reasonable inspection but did not. It will be an uphill liability battle for a property owner if they try to argue that they “did not know about” an unreasonable hazard on their property, especially since they very likely spend more time there than the person who was hurt.
What Can Defendants Do to Fight Your Claim?
A slip and fall claim depends on either the property owner having knowledge of a dangerous condition and failing to repair it, or failing to discover a dangerous condition through the exercise of reasonable inspections. The reason property owners are required to know the dangerous condition is that the law requires them to repair or provide warning of the dangerous condition. A property owner cannot repair or provide warning of a dangerous condition of which they were not aware.
If a victim can prove that the dangerous condition could have been discovered through reasonable inspections, a property owner can still claim that the victim was contributorily negligent. Virginia is one of four states that continues to adhere to the defense doctrine of contributory negligence, which can stop or reduce compensation given to a plaintiff who was at least partially responsible for their own injuries.
This defense comes into play because all people have a duty to observe their surroundings. A property owner could argue that if a hazard was so obvious that they should have found it during a routine inspection then the plaintiff should have noticed it before they were hurt by it.
Injuries & Damages in a Premises Liability Claim
Premises liability claims often result in a variety of painful and severe injuries.
Common injuries suffered in a premises liability accident include:
- Back injuries
- Brain injuries
- Broken bones
Many of these injuries may have permanent effects such as lifelong pain and inability to work. Emergency medical treatment and physical therapy could be required to treat and alleviate some of the injuries’ worst symptoms.
As a premises liability claimant in Vienna, Virginia, you could seek damages for your medical treatments, including current, past, and future treatments. You can also demand payment for your missing wages. Your claim should also demand non-economic damages that pay for your undue pain and suffering, all of which could have been avoided had the property owner been more careful.
Serious Representation for Premises Liability Claimants
Insurance companies vigorously defend premises liability claims because they know they could pay a lot if they lose. At Portner & Shure, P.A., our Vienna premises liability lawyers know what it takes to challenge insurance companies of all sizes. We have secured major victories for people in situations much like yours, and we would be honored to get the chance to show you how we can benefit your claim as well.
Go ahead and contact us at any time. We look forward to hearing from you.
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