Property owners have a legal responsibility to maintain safe premises for invitees. If you were injured in a slip and fall accident on a wet floor, you could claim compensation. A premises liability lawyer handling cases in Newport News will help you prove liability and recover your losses.
The Pendleton Law Team understands how even a seemingly minor accident can have a major impact on your life. Our experienced Newport News personal injury lawyers will fight to protect your rights. Call us today to schedule a free case evaluation.
How does Virginia Law Define Premises Liability?
Under premises liability law in Virginia, property owners owe lawful visitors (known as invitees) a duty of reasonable care to maintain the premises in a safe condition. They must also warn of any dangerous conditions that are unknown to the visitor but known or should have been known to the property owner.
A responsible property owner should:
- Inspect and fix any hazards
- Keep walkways clear of debris
- Provide adequate lighting and railings
- Ensure proper signage for potential dangers
- Implement security measures to prevent criminal activities
- Install and maintain functional smoke detectors and fire extinguishers
Property owners can be held liable for injuries caused by dangerous conditions on the property if they do not take reasonable steps to prevent harm from occurring.
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Proving Negligence in Premises Liability Claims
If you were injured while on someone else’s property, you could claim compensation. However, damages will only be awarded if you can establish that the defendant breached their duty of care and was at fault for causing the injuries.
There are several key elements you must prove to establish liability in a premises liability lawsuit in Virginia:
- You were an invitee on the property, such as a customer, at the time of injury.
- There were unsafe conditions present on the property that caused your injury. This could include something like a wet floor, unrepaired stairs, or uncovered electrical wires.
- The property owner knew or should have known about the hazardous condition. This requires showing the problem existed for a long enough time, and the owner should have addressed it.
- The landowner failed to take reasonable care to remedy the hazard, and that failure ultimately led to your injury. If all elements can be proven, the property owner may be held liable.
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Common Types of Accidents that Qualify as Premises Liability Cases
Many types of events can form the foundation of a premises liability case. If you were injured in an accident that was caused by the property owner’s negligence, you could have a valid claim.
If you were involved in any of the following accidents, you could pursue a premises liability claim against the negligent property owner:
- Slip and fall
- Elevator accidents
- Dog bites or attacks
- Swimming pool injuries
- Being hit by falling objects
- Exposure to dangerous chemicals
If you are not sure whether your injury claim is valid, consult our Newport News premises liability attorneys. During the initial consultation, we will analyze the circumstances of your injury and determine if you have grounds to sue.
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Recoverable Damages in a Premises Liability Case
Sustaining an injury while on someone else’s property often results in high financial costs for the injured party. However, if the owner’s negligence caused the accident, they should cover your losses. A premises liability attorney serving Newport News, VA, will help with your financial recovery.
As an injured victim, you could qualify for different types of damages, including:
- Medical bills
- The cost of future medical care
- Lost wages
- Loss of earning potential
- Physical pain and mental anguish
Your lawyer will gather all relevant documentation (such as medical records, photographs, and witness statements) to establish the nature and severity of the damages you suffered. They may consult with medical experts to provide professional opinions on the extent of your physical injuries and their long-term effects.
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Negotiating With Insurance Companies
Many premises liability claims are resolved by settling with the insurance company. However, this is not always an easy path to fair compensation. Seek legal representation before you start negotiating with claim adjusters to protect your interests.
Insurance companies are profit-driven entities that employ various tactics to reduce the amount they have to pay out in claims. They may attempt to pressure you into accepting a low settlement offer or use complex legal language to confuse and intimidate you.
Working with a premises liability attorney will level the playing field. They will serve as your advocate who will fight for your rights and ensure that you receive just compensation.
You Have a Limited Time to File a Personal Injury Lawsuit in Virginia
If you have been injured due to another party’s negligence, Virginia law provides a statute of limitations for filing a personal injury lawsuit. You only have a limited window of time to pursue legal action. For most personal injury cases, including those involving premises liability, the statute of limitations is two years from the date of the incident.
To recover compensation, you must file a lawsuit against the at-fault defendant within two years after the accident. Failure to initiate litigation before the deadline expires will result in the claim being time-barred and ineligible for compensation through the legal system.
Contact Our Newport News Premises Liability Lawyers Today
Being involved in an accident while on someone else’s property can be a scary and confusing experience. How you react to the incident can influence your claim for compensation. Consult an experienced Newport News premises liability attorney from our team to increase the chances of a successful outcome to your case.
The Pendleton Law Team understands that dealing with the aftermath of an accident can be overwhelming, which is why we handle all legal aspects of your case. By hiring us, you can focus on healing, knowing that your financial recovery is in capable hands. Contact us today to start working on your claim.
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