In Virginia, every property owner has a legal duty to make sure their property is safe for visitors. If a property owner failed to meet their duty and you were injured, then you have a right to a full financial recovery to pay for your medical bills and other costs.
What are common causes of premises liability cases?
There are countless different kinds of accidents covered by premises liability law. However, some are more common than others. The most common types of incidents our firm sees are:
- Slipping and falling on a wet surface from either precipitation or spilled liquids
- Tripping on an uneven surface or unmarked step
- Faulty stairs or railings
- Children injured while playing in an unsafe area
- Being hit by a falling object
- Structural failings that lead to an injury
This is by no means an exhaustive list. Any injury you suffered at a business or on someone else’s property could be a viable premises liability claim. The best way to determine the merits of the case is to speak to a lawyer.
Who is responsible for an injury in a premises liability case?
In most cases the property owner is considered legally liable for the injury. This is because every property owner must exercise reasonable precautions to keep people safe on the property.
To prove your claim, we only have to establish four facts:
- There was some unsafe condition on the property
- The owner knew or should have known about the condition if they were properly caring for the property
- The owner did not fix or remove the hazardous condition, nor did they properly warn you about it
- You were injured because of the unsafe condition
When these four conditions are met, the property owner is considered “negligent.” This simply means that you wouldn’t have been injured if they had been more careful. The fact that they were negligent is why they are liable for the costs of the injury.
In some cases the property manager, a tenant, or even contractors working on the property may have been the negligent party, and they could be held liable as well.
What if I was injured at my workplace?
In Virginia, you have the same rights at your workplace as you do anywhere else. In fact, if you are injured on the premises at work, you have a worker’s compensation claim. Worker’s compensation is insurance paid by your employer which covers 100% of the costs of any injury on the premises.We can help you identify whether you have a worker’s compensation claim or a regular premises liability claim.
Is there a deadline to file a premises liability claim in Virginia?
Yes. Every claim in Virginia has a statute of limitations, a deadline to file a lawsuit. If you do not file your claim before the deadline, you can lose your right to recover any money for your injury.
The exact deadline depends on the specifics of your case. The general rule for the statute of limitations of a premises liability claim is two years from the date of injury.