Premises Liability Lawyer
Virginia Beach, VA
Get Legal Assistance in Your Slip & Falls / Premises Lliability Case
From Senior Personal Injury Attorney Scott R. Barney, ESQ. in Hampton Roads Virginia.
Fighting for Fair Compensation when Injured by a Property Defect
Premises liability is a broad area of law involving accidents that happen on someone’s property due to a hazard or dangerous condition. At Barney Injury Law, we have represented clients who were injured while visiting a store, their neighbor, or government property.
After an accident, you may be confused about your legal right to compensation. Fortunately, most property owners should have insurance which will pay out compensation if the owner was at fault. Nevertheless, bringing a successful claim is often harder than it looks, so please contact our Virginia Beach premises liability lawyer for more information.
Types of Premises Liability Accidents
Any accident caused by a dangerous condition on someone’s property could qualify as a premises liability claim. Some of the more common accidents include:
Slip and Falls
Trip and Falls
Falling Merchandise
Property fires
Electrocution Accidents
Assaults due to negligent security
Falling ceiling tiles or walls
The key is to identify whether the property owner or the person occupying the property was sufficiently careful in how they maintained the premises. When they haven’t been—and our clients are injured—we can often bring a claim for compensation.
Defendants in a Premises Liability Lawsuit
The defendant is whoever is in control of the property. Often, this is the owner. However, in other cases it could be a tenant, sublessee, property management company, or even a person staying on the premises.
Some of the more common defendants have included:
- Grocery stores
- Big box stores
- Fast food restaurants
- Day spas
- Private homes
- Parking lots and driveways
- Pharmacies
- Shopping malls
- Bars and taverns
- Hotels and motels
- Apartment buildings
- Parking garages
One of the challenges with a premises liability case is identifying the correct person or entity to sue. Sometimes, this requires a little bit of detective work, and injured victims should have someone in their corner who can do this type of digging while they recover.
Premises Liability Lawyer Virginia Beach, VA
When we go to the DMV, our local Harris-Teeter, or even visit grandma in the nursing home, we trust that the premises are safe and we won’t be hurt. However, if a property owner fails to keep their store, office, or other building in good repair for visitors and guests, they can be liable for any harm those people suffer. If you’ve slipped and fallen, tripped down unstable stairs, or slid on a sidewalk that wasn’t properly cleared of ice, then you may have grounds to file a premises liability claim for compensation.
At Barney Injury Law, we represent people like you who have been injured due to a property manager or owner’s negligence. Virginia property owners are required by law to keep the place safe—if they fail to do so, you could be on the hook for your medical bills, lost wages if you missed work, pain and suffering, and diminished quality of life. Contact us today for a free consultation with a Virginia Beach, VA, premises liability lawyer.
How Can A Virginia Beach Premises Liability Lawyer Help Me?
Your attorney files a claim for compensation against the negligent property owner, manager, or both. In some cases, such as retail establishments or restaurants, the property manager is a different party than the owner; both parties may be liable for your injuries. We investigate your case, gather evidence, and properly value your claim to cover your past, present, and future losses.
Your injuries may require extensive medical treatment, or you may be left with a limited range of movement or chronic pain. You deserve compensation for the material losses, like medical bills and unearned wages from time lost at work, as well as compensation for your pain and suffering. Our attorneys use fine points of Virginia law and our decades of combined experience to construct a robust claim on your behalf.
Premises Liability In Virginia – What You Should Know
What is premises liability? Simply put, it means that the owner of the premises can be liable for harm that someone suffers if they failed to take reasonable steps to ensure that the property, indoors and out, was safe for people.
Some examples of premises liability cases we handle include:
- Slipping and falling on spilled food or drink that wasn’t promptly cleaned up
- Tripping over uneven pavement and falling down
- Falling down stairs that weren’t equipped with handrails or other safety implements
- Slipping on ice that wasn’t removed in a timely manner
- Tripping over debris or other misplaced objects
- Escalator or elevator injures
- Dog bites
- Amusement park injures
This list is by no means exhaustive. If you think you have a case, call our offices today to speak with a member of our legal team.
Are You Ready To File A Claim?
We can help you hold a negligent property owner or manager accountable for the injuries you suffered, including both out-of-pocket losses and consideration for your pain and suffering. At Barney Injury Law, we vigorously pursue the maximum compensation available for your case and are prepared to take the matter to trial if necessary to achieve justice. We offer a free, personalized consultation with a Virginia Beach premises liability lawyer, so call us today to schedule your consultation!
How To Establish Fault In Slip And Fall Accidents
Your Virginia Beach, VA premises liability lawyer can help you understand the ins and outs of slip and falls and other accidents. At Barney Injury Law, we use our 10+ years of legal experience to help our clients, and we’ve even secured million dollar settlements. We’re standing by to help you, next. Read on to learn how you can establish fault after your slip and fall, and contact us for your next steps.
1. Document The Scene Immediately
As soon as a slip and fall accident occurs, it is essential to document the scene. Take photographs or videos of the exact location where the fall happened, capturing any conditions that contributed to the accident. This might include wet floors, uneven surfaces, torn carpeting, or poor lighting. Quick documentation is crucial as conditions can change rapidly; for example, a liquid spill might be cleaned up shortly after the incident.
2. Gather Witness Statements
If there were any witnesses to the accident, their accounts could be invaluable in establishing fault. Gather contact information and, if possible, obtain a brief statement at the scene. Witness observations can help corroborate your account of the incident and provide additional perspectives on the hazardous conditions that led to the fall.
3. Report The Accident
Report the accident to the property owner or manager as soon as possible. If the incident occurred in a business setting, such as a store or restaurant, ensure that a formal accident report is filed, and request a copy before you leave. Reporting the accident formally helps establish that the incident occurred and that the property management was made aware of it.
4. Seek Medical Attention
Seek medical attention immediately, even if injuries seem minor initially. Some injuries, like soft tissue damage or concussions, may not be fully apparent right after the accident. A medical professional’s evaluation provides a link between the incident and any injuries sustained, which is crucial in a legal context. Additionally, medical records serve as important evidence in supporting your claim.
5. Understand The Property Owner’s Duty Of Care
To establish fault, it must be demonstrated that the property owner failed their duty of care. This duty varies depending on the circumstances but generally involves keeping the property safe and free from hazards. If a hazard was known (or should have been known) and nothing was done to correct it, this can directly support your claim that the property owner was at fault.
6. Prove Negligence
Proving negligence is the cornerstone of establishing fault in slip and fall accidents. This involves showing that the property owner knew about the dangerous condition or should have known about it through regular safety inspections and maintenance. It also requires proving that no action was taken to remedy the situation or adequately warn of the danger.
7. Consult With Legal Professionals
Navigating the aftermath of a slip and fall accident can be overwhelming, especially when dealing with injuries and recovery. Legal professionals can offer guidance, help gather and preserve evidence, and represent your interests in negotiations or court.
Get In Touch Today
At Barney Injury Law, we recognize the challenges involved in slip and fall accidents and are dedicated to supporting our clients at every stage of their legal journey. Identifying who is at fault involves detailed preparation and a deep knowledge of local laws.
If you’ve been injured in a slip and fall accident, it’s important to have support. Contact us today, and see how a Virginia Beach premises liability lawyer from our office can help.
A Property Owner's Duty of Care
The fact that you were injured on someone’s property isn’t proof, all by itself, that you have a valid premises liability claim. Instead, we need to better understand how and why you were injured.
Specifically, Virginia law identifies when people can sue. This question typically turns on why you were entering the property in the first place, which determines the amount of care that the property owner owed you:
Invitee
A business customer is a typical invitee. The premises owner owes the invitee a duty to use “reasonable care,” which means that they should fix any dangerous condition they know about or should know about.
Licensee
Someone who enters property with permission but for their own benefit is a licensee. A social guest is a good example. A property owner owes lesser duties of care. They cannot injure a guest through negligent action. The owner also must make safe or warn of any condition that poses an unreasonable risk to the licensee, if the licensee cannot discover it.
Trespasser
Someone who enters or stays on property without permission is a trespasser. The owner does not owe any duty of care to this person. Instead, their only obligation is to avoid intentionally harming them.
The above are general categories. There are some exceptions for children who might be drawn to a property because of an attractive nuisance, like a swimming pool or machinery. In those situations, a property owner must take reasonable action to eliminate the danger if it is not too costly to do so. Any failure to take sensible precautions can make a property owner liable for a child’s injury.
Compensation for a Premises Liability Claim
Falls, trips, and other accidents can lead to serious injuries that warrant immediate medical care. At Barney Injury Law, our premises liability lawyers in Virginia Beach have assisted clients in obtaining all compensation available to them under the law.
In the typical claim, we can seek money to cover the following losses:
- Medical bills
- Consequential damages
- Pain and suffering
- Lost wages or lost income
- Property damage
Every case is different, and it is hard to speak of “average” settlements. Nevertheless, we fight for full compensation for our client’s injuries and will not stop until you obtain justice.
How to Bolster Your Case Premises Liability Case
Many premises liability claims turn on whether a hazard condition actually existed and whether you should have been aware of it. By far, the best way to bolster your case is to take a photograph of the hazard that caused your injury.
For example, if you slipped on a puddle of water, use your smartphone to get a picture. Ask a bystander to use their phone if you don’t have yours. If shelves collapsed or items fell on you, take a picture of the scene immediately following the incident.
Some property owners will defend against claims by alleging that the hazard was obvious and the victim should have avoided it. For example, a giant hole excavated in someone’s yard should be obvious to anyone approaching it. A picture is also helpful here to establish whether a reasonable person would have seen the hazard from a distance.
Another issue involves contributory negligence. In Virginia, any negligence on a victim’s part will bar recovery. This means if you were walking with your nose in your phone, then you might be partially to blame for failing to see something on the ground. And if you stuck a fork in a light socket, then you are definitely to blame for any electrocution injury.
We work closely with our clients to document what happened in the minutes leading up to the accident. For example, witnesses can testify that you were paying sufficient attention to your surroundings when you were injured and are, therefore, not to blame.
Contact Our Virginia Beach Premises Liability Injury Attorney Today
Barney Injury Law is prepared to represent you in whatever type of premises liability claim you have. We understand the law and what you need to prove to be eligible for full compensation for your losses. Please contact us today. Our team offers a free consultation and primarily serves those located in Virginia Beach, Chesapeake, and Norfolk, VA.
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