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When visiting a business or another person’s property, we expect the area to be safe and that the owner will warn us of hazards. Of course, this does not always happen, and visitors are often injured and sometimes killed as a result. Whether you were hit by falling merchandise at the local supermarket, slipped on a wet floor at a hotel, or were attacked by an unrestrained pet at a neighborhood dinner party, serious accidents on someone else’s property could leave you with debilitating injuries and costly medical bills.
At Marks & Harrison, our Charlottesville premises liability lawyers are here to help you secure maximum compensation for your injuries. With more than 100 years of combined experience helping injury victims get the compensation they deserve, our premises liability attorneys are ready to handle your case. Because we understand that each case is unique, we are committed to providing excellent, personalized service tailored to your needs.
If you’ve been hurt on someone else’s property in Charlottesville, contact us today for a free consultation with a premises liability lawyer. Our team of premises liability attorneys and support staff has the resources and experience to handle even the most complicated premises liability cases.
What Are Common Causes of Charlottesville Premises Liability Claims?
Premises liability accidents are as diverse as their settings. Any number of safety hazards on someone else’s property could result in an accident. To name a few:
- Slipping hazards (for example, wet or icy floors and walkways)
- Tripping hazards (for example, loose carpets and uneven flooring)
- Fire hazards (for example, poorly placed exits, and unmaintained extinguishers)
- Defective handrails and guardrails
- Unlit walkways and stairwells
- Poorly maintained elevators and escalators
- Exposed electrical wiring and faulty power cords
- Toxic fumes and chemicals
- Falling objects (for example, merchandise in stores)
- Unrestrained and poorly trained animals (for example, dog bites)
- Poorly designed, maintained, or monitored pool areas
- Lack of appropriate security (for example, at businesses, apartment common areas, and other shared spaces)
What Are Some Injuries That Can Occur from a Premises Liability Accident?
Injuries in premises liability cases are also as diverse as the accidents giving rise to them. The following are just a few injury types that may lead to premises liability:
- Soft-tissue injuries (for example, sprains and bruises)
- Back and neck injuries (for example, whiplash and herniated discs)
- Spinal cord injuries (for example, full or partial paralysis)
- Traumatic brain injuries
- Internal bleeding and organ damage
- Cuts and puncture wounds
- Broken bones
- Nerve damage
- Burns
How Do You Prove Negligence of the Property Owner for Your Injuries?
Premises liability claims are typically brought as a kind of negligence claim. For this kind of claim to succeed, the property owner must have breached a duty of care — that is, a duty to keep the property reasonably safe for others. In Virginia, the level of care owed depends on the relationship between the property owner and non-owner.
- Invitees– An invitee is someone invited to the property by the owner, usually for a business reason. Examples include diners at a restaurant, customers at a store, and workers hired to perform a service on the property.
Owners owe invitees the highest duty of care. Among other things, this means they must make sure the property is safe, actively check for hazards, promptly address any found, and adequately warn visitors of the danger. Invitees injured due to hazards the property owner knew or should have known about are likely entitled to compensation.
- Licensees– A licensee is someone with express or implied permission to enter someone else’s property. Unlike an invitee, however, a licensee primarily enters the property for their own benefit and not for the property owners. For example, a recreational hunter with permission to hunt on someone else’s land is a licensee.
Just as with invitees, property owners owe licensees a duty to keep their premises reasonably safe and warn them about known safety hazards. However, property owners are generally not required to protect licensees from hazards they are not aware of.
- Trespassers– A trespasser is someone who enters someone else’s property without permission. Property owners owe a minimal duty of care to trespassers. Generally, owners are only liable to trespassers for injuries they intentionally cause (for example, wounds from a loaded spring gun or trap).
However, property owners should take special care to avoid harming minors that may trespass on their land. According to the attractive nuisance doctrine, children who trespass onto the property will be treated as an invitee if injured by a hazard on the land that is likely to attract children (for example, an unguarded swimming pool).
What Kind of Evidence Do I Need to Prove a Premises Liability Claim?
No matter which category you fall into, a person injured on someone else’s property will need evidence showing that the owner breached the corresponding duty of care. Victims should begin collecting this evidence early on. Valuable evidence may include:
- Accident reports
- Property records
- Photographs and videos
- Medical records
- Expert testimony
- Witness testimony
What Compensation Is Available for a Charlottesville Premises Liability Injury Claim?
If you were involved in an accident caused by someone else’s negligence or recklessness, you are likely entitled to compensation for the loss you suffered as a result. You may be able to recover compensation for:
- Medical bills
- Lost wages
- Reduced future earnings
- Pain and suffering
- Emotional distress
- Damaged personal property
Our Charlottesville premises liability lawyers are ready to evaluate the facts of your case and help you strategize a path toward maximum compensation.
How Can Contributory Negligence Apply to a Premises Liability Lawsuit?
Virginia is one of the few states that applies contributory negligence to personal injury cases. Under this strict rule, anyone injured in a premises liability accident can be barred from recovering compensation if they contributed to the accident in any way.
Needless to say, this harsh rule can sometimes lead to very unfair results. Fortunately, Virginia also recognizes a number of important exceptions to the rule. In addition to arguing that you were not contributorily negligent, an experienced premises liability lawyer can make sure these exceptions are not overlooked in your case.
Contact a Charlottesville Premises Liability Lawyer Today
If you were injured in Charlottesville due to someone’s carelessness on their property, contact Marks & Harrison for a free consultation. Our premises liability lawyers are ready to evaluate your case, investigate the law, and help you on the path toward maximum compensation. Contact a Charlottesville personal injury lawyer today.
