What is Premises Liability?
Premises liability is when the owner or occupant of land neglects their legal duty to keep the property safe for their guests, resulting in injury to a guest. The legal duty owed to a guest depends on their reason for being present on the premises, but the consequences for an owner or occupant breaching their duty are the same whenever a guest is injured: liability for money damages. The attorneys of Tremblay & Smith have years of experience obtaining full compensation for victims who have been injured by the negligence of others.
We represent injured persons harmed by all kinds of hazardous conditions on property attributable to the owner’s negligence, including:
Slip and fall accidents
Defectively designed public spaces
Hotels and motels
Inadequate signage
Wet floors
Icy walkways
Building, stairway and balcony collapses
Fires
Duty of Care
Property Owners Owe a Duty of Care to Their Guests.
02
01
03
Licensees
Invitees
Trespassers
An invitee is one who enters premises at the invitation of the occupant other than for a social purpose or for their own convenience. The premises owner owes their invitee a duty of ordinary care to maintain the premises in a reasonably safe condition and to warn her invitee of known unsafe conditions. If, for example, a store owner fails to put up wet floor signs after mopping and their customer slips and is injured, the store owner is negligent. Similarly, if the owner of commercial property fails to remove ice or snow from their entrance walks after the storm ends and a pedestrian slips and falls, the owner is negligent. If the owner of a shopping center uses unusual road signs that confuse motorists and create a dangerous intersection, they are liable when cars hit and injure pedestrians in their crosswalks.
A licensee is someone who is on the property for their own convenience, benefit or pleasure with the owner or occupant’s knowledge or consent, such as a house guest or a hunter. An owner’s duty to a licensee generally is to warn of known unsafe conditions, a lower duty than is owed to an invitee.
Trespassers have no permission to be on the property. The owner or occupant of land may not intentionally harm a trespasser, but they are not responsible for keeping the premises in a reasonably safe condition to protect trespassers, either.
Landowners and occupants may have other, special duties to firefighters, law enforcement officers, and children, depending upon the circumstances. The rules that apply to the owner of premises where you were injured may be complex, and a Central Virginia Personal Premises Liability Lawyer can help you navigate the law and get your biggest payout.
Common Defenses
Virginia follows a rule called contributory negligence, which means that if the injured person was himself even slightly negligent in causing his injuries, then he may not recover. The exceptions to contributory negligence when the plaintiff has been negligent (even 1% negligent) are few in number and difficult to use without the assistance of a seasoned personal injury attorney. Insurance companies are therefore eager to get statements from unrepresented injured persons as soon as possible after the incident, to try to get them to say something that will undermine their case or to settle the case for too little money. An experienced premises liability attorney will therefore usually tell his client not to speak with insurance adjustors without their attorney present.
A related defense to contributory negligence is that the dangerous condition was open and obvious, and that the owner therefore had no duty to warn the injured person or make the condition safe. For example, if the victim trips over a parking block and is injured, the parking lot owner will argue that the condition was open and obvious, while the victim will talk about the specific attributes of the parking block, such as whether it was painted a bright color.
What Damages Can I Recover?
Persons injured on unsafe premises can recover money damages for their past and future medical bills, pain and suffering, lost wages, and lost earning potential, among others. Many people don’t realize how much of their injuries can be compensated until they work with veteran premises liability attorneys. We work with your treating healthcare providers and our own experts to prove your case, tell your whole story, and to maximize the value of your case.
Contact a Virginia Premises Liability Lawyer
Every premises liability injury is unique, and injured persons need a legal strategy that is customized to fit their particular situations. The attorneys of Tremblay & Smith are licensed to practice in all the state and federal courts in Virginia to fight for all the justice our clients deserve. Contact Tremblay & Smith at the link below for a no-cost consultation.