Visiting parks or different stores shouldn’t be an injury risk. But unfortunately, some property owners don’t follow the laws they should, which can hurt you.
A Norfolk personal injury lawyer on The Pendleton Law Team can help you assess your case and damages to determine the settlement amount you’re eligible for. We can give you a free case evaluation to determine if you have a valid premises liability case.
What Are Common Types of Premises Liability Cases in Norfolk?
You could suffer injuries in several ways and have a premises liability case. The most common types of premises liability cases are:
- Slip and fall accidents: Wet or slippery floors from spills or debris are often to blame for slip and fall injuries on the premises.
- Uneven or broken walkways: Cracks, gaps, or other uneven surfaces in walkways that can cause trips and falls could be the reason for your injuries.
- Poor lighting: Inadequate lighting in areas like parking lots that fail to illuminate potential hazards can lead to accidents.
- Lack of handrails: When steps or elevated areas lack required handrails per building codes, it presents a liability.
- Unsecured objects: Leaving objects like tools, equipment, or furniture in paths of travel where they may be knocked over or cause someone to fall on can cause injuries.
- Improper maintenance: Neglecting maintenance, like allowing overgrown landscaping or leaving structural damage unrepaired, creates premises conditions that may injure others.
- Hidden hazards: Conditions like uncovered excavations, broken glass, or other hidden dangers on the premises can be the culprit of your case.
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How Does the Property Owner’s Duty of Care Differ for Types of Visitors?
Virginia law defines three categories of visitors to private property: trespassers, licensees, and invitees, and property owners have different legal duties depending on the visitor’s status. Understanding these distinctions is important in determining liability for injuries.
Trespassers
Trespassers enter or remain on the property without permission. Property owners only owe trespassers a duty to refrain from willful or wanton injury. Negligence leading to accidents will not result in liability.
Licensees
Licensees have the owner’s permission to enter but do not have any business purpose for their visit. This can include social guests. Owners must warn licensees of known dangers and refrain from willfully or intentionally causing injury.
Invitees
Invitees enter with permission for a reason that benefits the owner in some way, such as customers. For invitees, owners must use ordinary care to keep premises reasonably safe and warn of known dangers. Failures resulting in harm could lead to negligence claims.
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What Is the Time Limit You Have to File a Premises Liability Claim?
According to Code of Virginia § 8.01-243, you only have two years from your accident date to file your claim. But don’t worry; our Norfolk premises liability attorneys team can help you through the process.
We’ll help you gather evidence, fill out any paperwork you need to complete, and help you file your claim on time. When you’re filing a personal injury claim for your premises liability case, you should know that the deadline for the statute of limitations is not always concrete. You can have a longer or shorter time to file your claim, depending on your case.
That’s why it’s important to contact one of our Norfolk premises liability lawyers on The Pendleton Law Team. We can tell you how long you have to file.
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Besides the Property Owner, Who Else Could Be Liable for Your Injuries?
Even though the property owner is the primary person who must ensure visitors’ safety, there are other parties you can hold accountable. A Norfolk premises liability lawyer can help you hold the following parties liable:
Commercial Tenants
If the incident occurs on leased commercial property, the landlord and the business renting the space could be responsible. As the daily occupant, the property owner is often tasked with maintaining and keeping the premises safe through housekeeping. They could face liability claims alongside the landlord if their negligent safety practices or unaddressed hazards lead to injuries.
Contractors
Outside companies property owners bring in to perform renovations, repairs, or construction are expected to handle their work reasonably. If they create a dangerous condition, like leaving tools out or failing to put a warning sign for a wet floor, and someone is injured, they will be held accountable.
Contractors must also take appropriate measures to protect others on the premises from any risks during their work. Failures that allow hazards to cause harm could make them partially at fault through liability lawsuits.
Product Manufacturers
Suppose injuries are traced to damaged, defective, or improperly installed equipment, materials, or other products used on or within the premises. In that case, product manufacturers may share part of the blame with the property owner. For example, if a faulty industrial machine the owner uses lacks proper safety guards and causes an accident, the company manufacturing that machine could be a codefendant.
Manufacturers are responsible for ensuring products are designed, tested, and fabricated with safety in mind to minimize risks of user injury.
Property Managers
Both parties may share liability exposures for owners who delegate premises upkeep to a property management firm. As the caretaker, they fulfill the owner’s responsibility to reasonably ensure conditions are addressed before harm occurs.
Failure to perform routine maintenance tasks like equipment inspections, address prior incident reports, or recognize new hazards promptly could also open them up to litigation.
Local Governments
For publicly accessible facilities to be maintained, the local government is tasked with reasonably funding and scheduling maintenance to avoid unsafe conditions. If injured parties show prior inadequate repairs or unaddressed problems the property owner failed to remedy led to accidents, the government agency and the owner may be sued as liable defendants through legal action.
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What Damages Can You Recover in a Premises Liability Case?
We understand that after you suffer injuries in a premises liability case in Norfolk, you’ve had physical, emotional, and financial losses. Our Norfolk premises liability attorneys can help you recover the following losses:
- Medical expenses: This includes all past and future costs associated with treating the injuries caused by the incident. It covers expenses like ambulance rides, hospital stays, surgery, doctor’s visits, prescriptions, physical therapy, medical equipment and more.
- Lost earnings: If the injuries prevented you from working or reduced your ability to work in the future, you can recover compensation for lost wages and employment opportunities both before the trial and in the long term.
- Pain and suffering: Even non-economic damages can be recovered to account for the physical pain, emotional stress, inconvenience, and loss of enjoyment of life due to injuries and recovery.
- Permanent impairment: Damages cover any disabilities, disfigurement, or lasting health problems caused by the incident. This could include lasting issues like chronic pain, mobility impairment, or permanent scarring.
- Loss of consortium: If you are married, your spouse may recover damages for losses like reduced companionship, affection, intimacy, and day-to-day assistance due to the incident’s impact on their partner.
You could be eligible for additional damages depending on your premises liability case. The only way to find out is to meet with us for a free consultation.
Contact Us Today to Start Building Your Norfolk Premises Liability Case
Our premises liability attorney in Norfolk on The Pendleton Law Team can help you determine your legal options. We will assess your case for free and decide which legal strategy will be the most successful because we’re the Heavy Hitters®.
Contact us today for a free consultation.
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