Holding Property Owners Accountable For Unsafe Conditions Through Premises Liability Claims
Accidents can happen anywhere – at a grocery store, in a parking lot, at a neighbor’s home or even in a public park. When those accidents are caused by unsafe conditions that should have been addressed, the law provides a path for injured individuals to seek compensation. That path is called premises liability.
At Dickerson & Smith Law Group, we help clients pursue compensation for slips, trips, falls and other premises liability claims. Our experienced team of premises liability attorneys understands how to hold negligent property owners accountable and pursue the compensation you deserve. Based in Hampton Roads, we handle personal injury claims throughout the Norfolk and Chesapeake areas.
What Is Premises Liability?
Premises liability refers to the legal responsibility that property owners and occupiers have to maintain safe conditions on their property. When they fail to do so, and someone gets hurt as a result, they may be held liable for the injuries and losses that follow.
In Virginia, premises liability applies to both private and commercial properties. Whether you were injured in a slip and fall at a retail store or bitten by a dog at a neighbor’s house, the law may entitle you to compensation for your injuries.
Common Scenarios Where Premises Liability Applies
Premises liability is a broad category of personal injury cases. It includes cases such as:
- Slip-and-fall accidents on wet floors, icy sidewalks or uneven surfaces
- Falls caused by tripping hazards
- Injuries caused by inadequate maintenance, such as broken stairs or faulty railings
- Insufficient security leading to assaults or other criminal acts
- Dog bites and other animal attacks
- Swimming pool accidents, especially involving children
- Injuries from falling objects or unsafe merchandise displays
- Accidents in parking lots, apartment complexes or public spaces
Each of these situations involves a failure to maintain a reasonably safe environment – something every property owner is legally obligated to do. Our attorneys help the injured seek accountability and justice.
What You Have To Prove In A Premises Liability Case
To succeed in this type of injury claim, you must prove that the property owner was negligent. This involves showing that:
- The owner owed you a duty of care
- They breached that duty by failing to maintain safe conditions or warn of hazards
- That breach directly caused your injury
- You suffered economic damages or other losses as a result
The duty of care owed to you depends on your legal status at the time of the injury. Virginia law recognizes three main categories:
- Invitees: This term covers individuals who were invited onto the property for a business or public purpose (e.g., customers at a store). Property owners have the greatest level of responsibility toward invitees, including proactively addressing hazards and conducting regular inspections.
- Licensees: Guests who enter the property with permission, but not for business purposes, are considered licensees. This category includes social guests. Owners must warn licensees about dangers that aren’t obvious.
- Trespassers: Property owners generally don’t owe trespassers any duty of care with regard to property dangers, except to avoid willful harm. However, child trespassers may be protected under the “attractive nuisance” doctrine, which covers dangers like unsecured swimming pools.
These distinctions determine whether you have a premises liability claim based on a duty of care that was breached.
Types Of Premises Liability Cases We Handle
Our firm represents clients in a wide range of premises liability matters, including:
- Slip-and-fall injuries in stores, restaurants, hotels and private homes
- Dog bites and animal attacks, especially those involving children
- Swimming pool accidents, including drownings and near-drownings
- Negligent security cases involving assaults in parking garages, apartment complexes or hotels
- Injuries from falling merchandise or unsafe shelving in retail environments
- Playground or recreational facility accidents due to poor maintenance
Each case is unique. We take the time to investigate thoroughly, consult with experts and build a strong case on your behalf.
What To Know About Insurance And Premises Liability
In most premises liability cases, the property owner’s insurance policy plays a key role. Homeowners insurance, renters insurance or commercial liability insurance may cover injuries that occur on the premises.
However, insurance companies aren’t on your side. They use various tactics to delay, deny and minimize claims. That’s why it’s important to work with skilled premises liability lawyers such as ours who understand how to negotiate with insurers and, if necessary, take your case to court.
Frequently Asked Questions
Below are answers to common questions we hear about premises liability.
What should I do after a premises liability injury?
Seek medical attention right away, even if your injuries seem minor. Also, report the incident to the property owner or manager and document the scene with photos if possible. Finally, contact a premises liability attorney to discuss your legal options.
How long do I have to file a premises liability claim in Virginia?
In most cases, you have two years from when the injury occurred to file a lawsuit. However, it’s best to act quickly while evidence is still fresh and witnesses are available.
What types of compensation can I recover?
You can pursue compensation for economic damages like medical bills and lost wages, as well as noneconomic damages such as pain and suffering. Punitive damages may also be available in extreme cases to punish wrongdoing.
What is negligent security?
If a landowner or property manager has notice that their property has a history of crime or potential for unsavory conditions and does nothing to remedy it such as add lighting or fencing or hire security guards, they may be held liable for negligent security if you are robbed or mugged on the property.
Can I sue the city if a broken sidewalk makes me fall?
Public spaces should be free from dangerous conditions. If the city is charged with maintaining the sidewalk and knew the sidewalk was unsafe and did nothing to repair it, a lawsuit may be in order. Depending on the city’s ordinances, however, the city may claim it is not liable because a business owner is responsible for maintaining that sidewalk.
I fell in a store. Can I hold it responsible?
This is a complicated premises liability question that requires specific answers and difficult-to-obtain proof to hold the store owner responsible. You will need to prove that the store owner or manager knew about a dangerous condition and did nothing to remedy or warn the public about it and that your severe injuries are a direct result of their neglecting to make the store a safe place for you to walk.
My friend’s dog bit me. What should I do?
Seek medical attention right away. If your injuries are severe, you may want to file a claim for compensation. If this is the case, take photos and gather witness contact information if you are able. Virginia’s dog bite laws are complex. Your friend may be held liable for your injuries if there is proof that your friend’s dog bit you because your friend violated or neglected animal control laws.
I don’t know if I should commit to a lawyer. What should I do?
Gather your proof – photos, medical records, witness contact information — and keep it safe. Keep in mind that you have a limited time to file a claim. Generally, you have two years from the date of your accident to file a claim or you will lose the right to do so. Most attorneys will provide a free case evaluation for premises liability cases. If your case has merit, the firm usually provides services on a contingency basis, meaning you will not have to pay legal fees unless they win your case. Be sure to find out what types of costs will be associated with your case.
My landlord knew about a broken railing and never fixed it. I fell. Now what?
After seeking medical attention, contact an experienced personal injury attorney. Your landlord may be held liable for the injuries you suffered in your fall if you have evidence that they were aware of the dangerous condition, but did not fix it.
Get The Legal Help You Need To Move Forward
If you’ve been injured or lost a loved one due to unsafe conditions on someone else’s property, you deserve compensation, accountability and justice. We can help you move forward through a robust legal claim. Contact us through our website or by phone at 757-828-0031 to arrange a free, confidential consultation.