Did you get injured on someone else’s property? If so, the owner or manager could owe you compensation for failing to keep a safe premises. This could include money to pay for your medical care, offset any wages you’ve lost while too hurt to work, and repay you for the pain and suffering you experienced. But getting the at-fault party or their insurer to give you what they owe you could prove challenging without the help of a Fairfax premises liability lawyer who knows how to make them pay up.
Since 1911, Marks & Harrison has been proud to stand up on behalf of Virginians who’ve been hurt and need help pursuing their rights. We’ve built our firm into one of the biggest in the state – a testament to the success we’ve had on behalf of our clients and the resources we can bring to even the toughest cases. Contact us today to speak with a Fairfax premises liability attorney for free and find out why we’ve been voted the best law firm throughout Virginia.
What Is Premises Liability Law in Virginia?
Premises liability law in Virginia is a set of rules determining when someone can be liable for injuries that visitors suffer on their property. Private and commercial property owners must maintain a safe environment for visitors. Although there are some differences in responsibilities between a personal and commercial property owner, both should maintain as secure a premises as possible. When they don’t, they can be accountable for any harm that comes from their negligence. Contact our Fairfax personal injury attorney today.
What Are Some Accidents That Could Be Cause for a Premises Liability Lawsuit?
Property owners are legally obligated to ensure the safety of those who visit their premises. However, many are negligent in this responsibility, causing innocent people to get hurt.
Some incidents that occur on someone’s property that may lead to a premises liability lawsuit include:
- Slip and falls – Often resulting from wet floors, uneven pavement, or misplaced items, these are among the most common premises liability cases. A simple fall can sometimes lead to severe injuries.
- Parking lot and garage accidents – Hazards like potholes, lack of proper signage, or inadequate lighting can lead to injuries in parking areas.
- Stairwell accidents – Faulty or worn-out handrails, uneven steps, or poor lighting can make stairwells particularly hazardous.
- Elevator accidents – Malfunctions, abrupt stops, or doors that close too quickly can result in injuries or even entrapment.
- Dog bites – A dog that is not adequately controlled or restrained by its owner can pose a bite risk to others nearby.
- Wet floors – In places like shopping malls, restaurants, and office buildings, unattended wet floors without warning signs can cause visitors to slip and fall.
- Swimming pool accidents – Swimming pools present many dangers when they are not properly maintained, from slip hazards around the pool to potential drowning incidents.
- Snow and ice – Especially relevant in Virginia’s winter months, uncleared pathways or untreated icy patches can be a significant hazard to passersby.
- Negligent security – A lack of proper security measures can encourage criminal incidents, from theft to physical assault.
- Poor lighting – Dimly lit hallways, rooms, or outdoor areas can hide hazards, leading to accidents.
- Fires – The absence of essential safety equipment like smoke alarms or sprinklers can be grounds for a premises liability lawsuit in the event of a fire.
What Are Common Premises Liability Accident Injuries?
Premises liability accidents can result in a vast range of injuries, from bumps and bruises to life-threatening conditions.
Here is an overview of common premises liability accident injuries in Fairfax:
- Head and brain injuries – Any blow or trauma to the head may result in a traumatic brain injury (TBI). A concussion is a relatively minor form of TBI that still requires immediate medical attention. Untreated brain injuries can lead to permanent damage, coma, and death.
- Spinal cord injuries – Falls, falling objects, or tripping may lead to spinal cord pain, limited mobility, or paralysis. The most common include herniated discs, fractured vertebrae, or spinal cord damage.
- Broken bones – Falls, especially from heights or down a flight of stairs, can result in broken arms, ankles, hips, and wrists. The instinct to throw one’s arms out to break a fall can lead to further injury.
- Soft tissue injuries – Whiplash, sprains, strains, and contusions are soft tissue injuries that affect the muscles, tendons, and ligaments. These injuries are painful and limit mobility.
- Injuries from falling objects – Falling objects, such as grocery store merchandise or a construction site toolbox, can cause severe head or body injuries.
- Puncture wounds – A deep puncture wound can lead to infection. Nails, broken glass, and other sharp objects puncture the skin and could potentially cause nerve damage if deep enough.
- Cuts and abrasions – Sharp or jagged objects can cause minor scrapes or deep lacerations that need stitches.
- Burns – Visitors can sustain burns from faulty wiring, fires, or exposures to hot surfaces. Depending on the severity, these injuries can range from first-degree to third-degree burns.
- Electrical shocks – Faulty wiring or electrical equipment can also cause an electric shock. Electrical shocks might lead to cardiac arrest and damage to internal organs.
- Oxygen deprivation – When someone nearly drowns in a pool or other water feature due to a lack of safety measures, they might suffer brain damage due to oxygen deprivation.
- Toxin exposure – Exposure to mold, asbestos, and other toxins in a property can result in respiratory issues, allergic reactions, or long-term health complications.
- Emotional and psychological trauma – Premises liability accidents can also create emotional and psychological harm, including post-traumatic stress disorder (PTSD), anxiety, or depression.
What Is Duty of Care?
Under Virginia law, property owners must keep their premises in a reasonably safe condition. Legally, this is called a duty of care. Property owners must regularly inspect their premises and repair any dangers. If they cannot perform these repairs promptly, they must warn visitors about them. When they do not, they can be liable for the resulting accidents and injuries.
For example, a restaurant manager who fails to clean up a spill can be accountable for someone falling and breaking their arm. Similarly, the owner of a parking garage without adequate lighting and security could be liable if a patron is assaulted.
What Are the Three Types of Visitors to a Property?
Virginia law recognizes three types of visitors based on their intent and actions: invitees, licensees, and trespassers. Property owners owe visitors a different duty of care according to their legal status.
Invitees
Invitees are people on a property for the benefit of the property’s owner. Places like supermarkets, hotels, and restaurants benefit from potential customers, classifying them as invitees.
For invitees, property owners should:
- Display regular care for everyone categorized as invitees.
- Keep their property reasonably safe.
- Get rid of any dangers or obstacles.
- Inform invitees about any potential hazards.
Licensees
A licensee goes onto a property for personal reasons with either direct or indirect consent from the owner. For example, dinner or house guests are usually considered licensees in Virginia. The legal expectation for duty of care is less for licensees than invitees. Property owners should warn licensees about potential hazards they know or reasonably should know about. However, they do not need to inspect for hazards before welcoming the licensee onto their property.
Trespassers
A trespasser enters a property without permission. Because property owners don’t invite trespassers, they receive minimal protection under premises liability laws. Owners must not intentionally or recklessly harm trespassers. Beyond that single requirement, property owners are likely not accountable for any injuries a trespasser might sustain.
The one exception to this rule is children drawn to the property by “attractive nuisances.” An attractive nuisance is a feature, like a swimming pool, that might entice a child onto a property. Property owners must secure these to prevent any trespassing children from being harmed by them.
How to Prove a Property Owner Was to Blame for Your Injuries
In order to prove that the property owner is responsible for your injuries, your attorney will gather evidence to establish the following:
- The property was unsafe for some reason.
- The property owner should have known or knew about the hazardous condition.
- The owner did not fix the dangerous condition or warn you of its presence, depending on your status as a visitor.
- The unsafe condition led to the injury.
What Compensation Can Be Paid for My Injuries?
If the property owner is liable for your injuries, they should have to pay you for what you suffered. This could cover your:
- Medical expenses and future medical needs
- Rehabilitation costs
- Lost wages
- Pain and suffering
- Lower quality of life
Is There a Time Limit for Filing a Premises Liability Lawsuit in Virginia?
Under Va. Code § 8.01-243, Virginia’s statute of limitations for a premises liability lawsuit is two years from the injury date. You should consider that many premises liability lawsuits result from failed insurance settlement negotiations. It is essential to give yourself enough time to explore all potential legal avenues to seek compensation from the responsible party.
Contact a Fairfax Premises Liability Lawyer
If you were hurt because a property owner did not take appropriate care to keep their premises safe, they could owe you money. A Fairfax premises liability lawyer with Marks & Harrison can help you seek the full amount you deserve. As one of Virginia’s largest personal injury firms, we have the legal firepower, considerable resources, and reputation you can trust with your case. Call us today to get started with a free consultation.
