While off running errands at the grocery store or visiting a friend at their home, the last thing you expect is an accident and injuries. However, accidents on another’s property happen quite often. Luckily, you have legal options and may be able to file a premises liability claim.
If you’ve been injured on someone else’s property, be sure to contact a Richmond premises liability attorney.
What Is a Premises Liability Claim?
After sustaining injuries on private property, public property, or commercial property, you may be able to file a premises liability claim. Accidents typically occur due to the property owner or occupier’s negligence or failure to maintain safe conditions. You can sue the party responsible for the property to recover compensation for your injuries.
If you think you may have a premises liability claim, contact a premises liability attorney in Virginia.
What Is a Premises Liability Attorney?
Premises liability lawyers in Virginia represent individuals who have suffered injuries on someone’s property. Premises liability claims can arise for various reasons, including defects, weather conditions, faulty construction, building code violations, or an individual’s negligence. Your premises liability attorney will handle your case, working diligently to get you the compensation you deserve after suffering injuries on another’s property.
Types of Premises Liability Accidents
There are a variety of premises liability accidents, depending on the property. Some of the most common types of accidents include:
- Slip and falls,
- Dog bites,
- Swimming pool accidents,
- Snow/ice accidents,
- Exposure to dangerous substances,
- Accidents resulting from inadequate maintenance,
- Elevator/escalator accidents, and
- Assaults due to insufficient security.
If you are injured on another’s property, you likely have a premises liability claim. Discuss your case with a Richmond premises liability attorney.
Common Premises Liability Injuries
No two premises liability cases are the same; therefore, injuries will differ. However, some of the most common injuries occurring from a premises liability accident include:
- Broken bones,
- Spinal cord injuries,
- Brain injuries, and
- Internal injuries.
No matter the kind of injury, if you believe you are the victim of a premises accident, contact a premises liability lawyer in Richmond as soon as possible.
Is Premises Liability the Same as Negligence?
Premises liability is a type of negligence claim. However, a person’s duty when it comes to premises liability is more narrow than with some other types of personal injury claims. While some duties are owed to the world at large—e.g., the duty to drive safely—the duty to keep one’s premises safe is based on the relationship between the person who owns or controls the premises and the person who is injured. For example, business invitees are owed a greater duty than trespassers.
What Is the Difference Between Premises Liability Insurance and Personal Liability Insurance?
Premises liability insurance and personal liability insurance are two kinds of insurance regarding injury or property damage.
Premises liability insurance covers accidents that take place on your premises, whether it be your home or business. It can cover a variety of accidents, for example:
- A customer comes into your store and slips on your freshly polished floor;
- The steps leading up to your door are broken and a delivery driver falls through; or
- A friend comes to your home and your dog bites them.
Personal liability insurance offers protection in the event of injury or property damage. This kind of insurance also offers protection outside of the home. For example:
- A contractor is in your home and falls down the stairs; or
- While playing outside, your child throws a ball and breaks a neighbor’s window.
Personal liability insurance can cover legal costs and the damages the other person is entitled to.
Umbrella insurance also exists to provide additional protection beyond existing limits and coverages. This kind of insurances typically covers liability for:
- Property damage, and
- Personal liability situations.
If you are injured on someone else’s property, you will likely file a claim under the owner’s insurance. You may be able to make a claim under their business, homeowners, or umbrella insurance. A Richmond premises liability attorney will be able to review your case and discuss your legal options.
How Do You Prove Premises Liability?
To win a premises liability case, the injured party must prove that the property owner was negligent in the operation or maintenance of their property. You can prove negligence by satisfying four elements:
- The property owner or occupier owed you a duty of care;
- They breached this duty of care;
- The breach was the cause of your accident; and
- The accident resulted in injuries.
The duty of care an owner or occupier owes you depends on your status. A visitor’s status is broken into three categories: invitee, licensee, and trespasser.
Invitees are visitors on property available to the public, like shopping malls or museums. An invitee is legally on the property by an express or implied invitation from the owner or occupier, such as a customer in a store. Owners and occupiers owe invitees a reasonable duty of care to proactively inspect their property for hidden defects and remedy them within a reasonable time. Examples of situations involving invitees include:
- A grocery store fails to place a wet floor sign and a customer slips and falls; or
- A customer trips on damaged concrete in a restaurant parking lot.
Licensees are visitors on private or commercial property, invited onto the property for the benefit or convenience of the visitor. Owners and occupiers owe licensees a duty to warn of any dangerous conditions the owner or occupier is aware of. Examples involving licensees include:
- A friend visits you in your home, and when using the bathroom they injure themselves with a broken faucet handle; or
- A door-to-door salesman is injured when a loose roof shingle hits them in the head as they approach your front door.
Trespassers are generally those that enter property without being legally entitled to do so. The duty owed to trespassers varies by state. In Virginia, owners and occupiers generally do not owe trespassers any duty of care, except that they can’t intentionally harm them, such as by setting traps. Trespasser examples include:
- An uninvited individual enters your property and your dog bites them, or
- An armed burglar breaks into your home and you injure them for fear of your safety.
Damages for Premises Liability Cases
Premises liability accidents can cause severe injuries requiring extensive medical treatment, leading to mounting medical bills. Depending on your injuries, you might also need to take time off of work, and your life may be at a standstill. Fortunately, with the help of a Richmond premises liability attorney, you can seek damages to relieve some of the financial burden brought about by your premises liability accident.
You may be entitled to a variety of damages, depending on your accident and injuries. Some of the damages you may be able to seek include:
- Compensation for medical bills,
- Lost wages,
- Pain and suffering, and
- Loss of enjoyment of life.
In some cases, you may be entitled to punitive damages. Punitive damages punish and deter defendants when their actions were particularly egregious. Your Richmond premises liability attorney will calculate your damages to get you just compensation.
Consult a Richmond Premises Liability Attorney Today
If you or a loved one has been injured on another’s property, do not hesitate to contact a Richmond premises liability attorney. After your accident, you may suffer injuries, an inability to carry on your daily life, or even permanent disability. The owner or occupier responsible for your accident should be held legally accountable. River Run Law is proud to serve injured clients at one of the most challenging times of their lives. Our premises liability lawyers in Virginia provide clients with exceptional legal representation, while putting kindness and compassion first. Our team uses years of knowledge and experience to fight aggressively for your rights and just compensation. We offer no cost, no obligation case evaluations. Contact us today, and let’s see how our team can help you.