Premises Liability Attorney in North Chesterfield, Virginia

It may not seem like, but slip and fall accidents have become one of the most common incidents that lead to severe injury. According to a recent study from the National Floor Safety Institute, one in 20 falls result in a fracture or broken bone. If you have suffered serious injury from a slip and fall accident, you deserve the opportunity to pursue compensation for your injuries.

Here at my firm, The Thomas Law Firm PLLC, I am proud to serve injured victims and their families in North Chesterfield, Virginia, and the surrounding areas of Richmond, Henrico, and Petersburg. My extensive experience inside and outside of the courtroom can help you pursue the compensation you need to cover your medical bills, lost wages, and any additional pain and suffering you’ve been forced to endure. If you or someone you know has been injured on someone else’s property, call or reach out to my firm today to schedule a free case consultation.

Premises Liability in Virginia

Premises liability law is a legal term that encompasses most injury cases that occur on someone else’s property. This includes slip and fall accidents and other property hazards that lead to injury. If you have been injured due to the negligence of another while on their property, there are a few things that you will need to prove to build a strong case:

1. Duty of Care - There must be a duty of care present between you and the property owner. That duty of care must have been breached. The property owner must have known about the unsafe conditions and did not fix it, thus breaching that duty of care, and you suffered injuries due to that breach of care.

2. Invitees, Licensees, and Trespassers - For each kind of person, the owner of the premises has a different duty. Invitees have the highest duty of care owed to them because they were invited onto the premises by the property owner. A licensee is someone who is visiting the property owner for a personal reason. The owner must keep all licensees reasonably safe from harm while on the property. Trespassers come to the property without expressed consent from the property owner. As a result, they are not owed any duty of care.

3. Statute of Limitations - The statute of limitations in Virginia is two years from the date of the accident. This means that you, as the victim, have two years from the date of the incident to file a lawsuit. It’s important to note that this clock begins ticking from the date the accident occurred, not from the date you discovered your injuries or began receiving treatment.

Types of Premises Liability Claims

There are a number of different incidents that fall underneath the umbrella of premises liability claims. Some of the most common include:

• Slip and Fall Accidents - This is the most well-known premise liability claim and occurs if an unsafe condition causes you to slip and fall on someone else’s property and suffer injuries.

• Dog Bites & Other Animal Attacks - If someone has an aggressive pet that they do not restrain and they attack and injure you, you may be able to file a premises liability claim against the dog owner.

• Accidents on Stairs - If stairs are broken, wobbly, or unstable and you are injured as a result, you can file a premise liability claim.

• An Attack on Property - Many businesses have a duty to provide adequate security on their property. If they do not and you are attacked, you may be able to file a premises liability claim against the property owner.

Private Property vs. Public Property Claims

Premise liability claims are not limited to just private property. You can file a claim against any negligent property owner, whether it’s your neighbor, a local grocery store, or even a government entity. It can be private or public property, including spaces such as university campuses, shopping malls, and government buildings.

Recoverable Damages

You can recover both compensatory and punitive damages in a premise liability case. Punitive damages are not available in every case, but they are monetary amounts meant to punish the property owner for being overtly reckless or negligent. Compensatory damages are costs that you can recover to help pay for a number of different expenses, including medical bills, lost wages, and reduced earning capacity.