When we visit someone else’s property, we have a general expectation of safety. We trust the person in charge to have kept the premises free of hazardous conditions that might cause an accident — such as a slip and fall. However, Virginia’s law on property owners’ responsibility is complicated. Whether or not a property owner is liable for injuries depends on who the injured party is and why they are on the premises.

In defining a property owner’s duty of care to individuals on the premises, Virginia law distinguishes between three types of entrants — invitees, licensees and trespassers. These distinctions significantly affect a property owner's liability in the event of injuries. The types of entrants are defined as follows:

• Invitees — These are people who enter a property with the owner's invitation and for a mutual benefit, which is typically business-related. Examples are customers at a retail store or patrons at a restaurant. Property owners owe invitees the highest duty of care. They must maintain the property in a reasonably safe condition and address any known hazards promptly. If an accident occurs due to a hazardous condition that was not corrected, the property owner may be held liable to the invitee.
• Licensees — These are people who enter a property with the owner's permission but for their own benefit or pleasure. A social guest, although invited, is only a licensee. Property owners owe licensees a duty to warn of hidden dangers or defects that are known to the owner but not immediately obvious to others. If a licensee is injured in an accident caused by a known hidden hazard, the property owner may be held liable if they failed to provide adequate warning or to take reasonable steps to rectify the issue.
• Trespassers — Anyone who enters a property without the owner's permission is owed a minimal duty of care. Property owners are not obligated to warn trespassers about hazards but may not take action to intentionally do harm, such as intentionally creating dangerous conditions or setting traps.

An illustrative example is a slip and fall in a supermarket due to loose floor tiles that the store manager was aware of but had not yet fixed. If the victim was a customer (invitee), the store would be liable whether or not a warning was posted. If the victim was a vendor or deliveryman (licensee), the store would be liable only if there was no posted warning. A trespasser entering the store after hours would have no right to recover damages.

If you have been injured on someone else’s property, a Virginia slip and fall accidents attorney can analyze the facts and determine whether you have a claim for damages.

Ernest Law Group, PLC in Virginia Beach advocates on behalf of slip and fall accident victims throughout the Hampton Roads area. To schedule a free consultation, call {PHONE) or contact us online.