From a slip-and-fall accident to a structural collapse, premises liability injuries can cause long-lasting harm to people in Arlington. In Virginia, a property owner and/or occupant of the property has a duty to keep their premises safe for visitors. If the property owner or occupant violates this duty , they can be held legally responsible for any injury a visitor suffers.
You shouldn’t have to pay for your medical care and other losses if your injuries were someone else’s fault. An Arlington premises liability lawyer from Marks & Harrison can evaluate your situation and advise you of your legal options for pursuing a claim for compensation. We can help hold a negligent property owner or occupant responsible for the harm they caused.
Our legal team has decades of combined experience handling complex personal injury cases and has recovered millions of dollars for our clients. We have the resources to fight hard for the money you deserve, and we’ll stand by your side from the beginning to the end of your case. Contact us today for a free consultation.
What Is Premises Liability?
Premises liability is an area of law that protects people who visit others’ property from bearing the cost of an injury they suffer due to hazards on the premises. If a property owner or occupant is negligent in keeping their property free of hazards or fails to warn visitors about those risks, they could be held liable for their visitor’s injury and loss.A premises liability lawsuit is a civil case filed against the property owner and/or occupant. . Generally, the lawsuit claims that the owner or occupant failed their duty to provide a safe premises and that this failure on their part caused the accident that harmed you. You have the right to pursue compensation to cover your medical care and other losses associated with the incident.
What Are the Different Types of Arlington Premises Liability Claims Marks & Harrison Handles?
The attorneys at Marks & Harrison handle a wide variety of premises liability cases in Arlington, including:
- Accidents at businesses like restaurants, bars, grocery stores, or convenience stores
- Amusement park, theme park, or sporting event accidents
- Dog bites
- Electrocution
- Escalator or elevator accidents
- Harm caused due to improper security
- Harm from falling or flying objects
- Injuries due to poor lighting or inadequate signage
- Sidewalk or walking path accidents, commonly caused by uneven or cracked pavement
- Slip-and-fall accidents, like sliding on a slick surface or tripping over debris in a walkway
- Staircase accidents, like those due to missing or broken steps or railings
- Structural collapses
- Swimming pool accidents or illnesses caused by a contaminated swimming pool
Even if you don’t see your specific incident here, you may still have a case. Contact our office to discuss your particular circumstances.
What Injuries Can Occur Due to a Premises Liability Accident?
An Arlington premises liability accident can cause serious injuries and lifelong complications. Frequent injuries from premises liability accidents include:
- Electrical and other burns
- Concussions or traumatic brain injuries (TBIs)
- External head injuries or facial damage
- Fractures and broken bones
- Internal organ damage and bleeding
- Lacerations or puncture wounds
- Neck or back injuries
- Spinal cord injuries
There’s a good chance your injuries aren’t limited to physical harm. Many people experience post-traumatic stress disorder (PTSD) after a serious accident or may have trouble sleeping. You may have flashbacks of the incident or develop depression, a phobia, or situational anxiety. Sometimes, this psychological damage has a greater impact than physical harm.
What Are the Three Levels of “Visitors” on a Property?
People entering another’s property fall into three categories. A property owner’s or occupant’s responsibility for the safety of someone coming onto their property varies according to the designation of the visitor:
- Invitee – Virginia property owners have the highest duty of care for invitees. These are people invited onto the property for the owner’s benefit, such as store customers. The owner or occupant of the premises owes a duty to invitees to use ordinary care to maintain the premises in a reasonable, safe condition and to warn invitees of hidden dangers. Property owners must repair all hazards on their property within a reasonable amount of time. They have a duty to inspect their property regularly and warn visitors of any hazards that have not been fixed. A property owner could be liable for hazards that cause injury to invitees, even if they’re unaware of the hazard.
- Licensees – A licensee is someone who is on the property with the owner’s permission. However, they are there for the visitor’s benefit, not the property owner’s. Social guests at a house party are licensees. As a general rule, the owner has a duty to warn the licensee of dangerous conditions of which the owner has knowledge or notice.
- Trespassers – Virginia law classifies a trespasser as anyone who is on another’s property without permission. Code § 8.01-219.1 states that property owners have no duty of care for trespassers except in rare situations. They also are not obligated to warn trespassers of any potential dangers on the property.
The first step in determining whether you have a solid claim is to establish what kind of visitor you are. Why were you on the premises and where on the premises? How your attorney builds your claim will be based on that.
What Evidence Will an Arlington Premises Liability Lawyer Use to Fight for My Claim?
At Marks & Harrison, our Arlington premises liability lawyers have plenty of tools available to craft a strong argument against the owner of the property where the accident occurred. Some of the elements of your case may include:
- Accident or incident reports – Many business owners fill out an incident report for any injury on their property for their insurance carrier. Ask for a copy of this and give it to your lawyer. If the police were notified, there may be an official police report of the incident. You can also request a copy of that from the responding police department.
- Expert testimony – Expert witnesses are professionals in specific fields that provide insight into specific elements of the case. Expert medical witnesses may be necessary if your injuries are serious and require ongoing care. They provide insight into the length of time your recovery could take, what your future medical costs could be, or whether you’re permanently disabled as a result of the accident.
- Medical records – Even if you don’t feel badly injured, seeking medical attention as soon as possible after a premises liability accident is important. Your post-accident medical records link your injuries to the accident. Often, the other party’s insurance company will argue that you weren’t hurt as badly as you claim or that you weren’t injured on the premises at all.
- Photographs and videos – A photo or video of your injuries and the state of the premises where you were injured provide visual evidence of the hazard and any lack of signage warning visitors of the danger. Perhaps there is security camera footage of the accident or CCTV showing that the hazard was present longer than reasonable, such as a puddle of liquid left on the grocery store floor for several hours and not cleaned up.
- Property records – Property ownership and lease records establish the identity of the property owner and any other interested party that could be named as a defendant in your lawsuit, such as the property’s tenant or manager.
- Witness testimony – Eyewitnesses to the accident or people who were on the premises earlier and witnessed the hazard can be essential to your case. They could help establish that the property owner had a reasonable amount of time to notice and deal with the hazard but failed to do so.
What Can Affect the Level of Compensation Owed to Me for My Claim?
Your compensation may be limited due to the type of visitor you were to the property. Additionally, other influential factors include:
- How badly you’re injured
- Whether your injuries impact your ability to work or care for your family
- The strength of the evidence in your case
- How badly the injuries have affected you psychologically
- The availability of insurance coverage and the policy’s maximum limit
What Damages Are Available for a Premises Liability Claim in Arlington?
In an Arlington premises liability claim, you may be entitled to claim compensation for:
- Past, present, and future medical expenses
- Lost income and reduced earning potential
- Pain and suffering
- Lower quality of life due to your new disability
Does Virginia Have a Time Limit for Filing a Premises Liability Lawsuit?
The statute of limitations for personal injury in Virginia sets the amount of time you have to pursue compensation for your premises liability injuries. Under Va. Code § 8.01-243, you have two years from the date of the accident to file a lawsuit.
Contact an Arlington Premises Liability Lawyer
If you’ve been hurt due to a hazard on the property as a lawful visitor to another’s premises, you may have grounds to pursue a premises liability claim. A knowledgeable Arlington premises liability attorney from Marks & Harrison can advise you about your legal options in a free consultation. Contact us today to get the help you need.
