Virginia Beach Premises Liability Attorneys Assist Accident Victims
Firm works to hold property owners accountable when their negligence causes harm
A visit to a neighbor’s home or a business establishment should not end with you in debilitating pain. Unfortunately, when homeowners or those in charge of commercial properties fail to take necessary safety measures, visitors are injured, sometimes severely. If you have been hurt due to a hidden hazard on someone else’s property, our Virginia Beach premises liability lawyers can help. At Ernest Law Group, PLC, you’ll receive compassionate, personalized legal representation from trustworthy attorneys who have the skill and determination to fight effectively for maximum compensation.
What is a premises liability claim?
Premises liability refers to a class of cases where an individual or business that controls a property has failed to make their space reasonably safe for visitors. These claims sometimes arise when a hidden hazard exists and the property owner does not remedy the condition or warn guests of the danger. Another type of unreasonably risky condition that can trigger a premises liability claim is the presence of a dangerous animal that is not properly restrained. When defendant property owners and managers are negligent, they can be held liable for injuries that result and ordered to pay damages.
Examples of premises liability accidents in VA
Premises liability cases can arise from various harmful incidents, such as:
- Slip and falls
- Trip and falls
- Injuries caused by falling items
- Dog bites
- Structural collapses
- Swimming pool accidents
In most cases, homeowners and businesses have insurance to cover such claims.
Who can be held responsible in a premises liability lawsuit?
In most premises liability cases, the person, business or organization responsible for the upkeep of the property is the party at fault. This can be a property owner or tenant. However, it is also possible that another visitor to the property created the hazard, and the property owner or manager did not have adequate time to respond before the accident. In that case, the other visitor might be legally responsible.
How does a premises liability case work?
Most premises liability cases turn on the question of whether the defendant acted reasonably to prevent the injury. A plaintiff generally has to prove that a property owner knew about a hidden hazard, but didn’t respond, took too long to respond or responded inadequately. Often, an attorney must construct a timeline to demonstrate the defendant was lax when a reasonable person in their situation would have taken proper precautions.
If the defendant issued a warning about the hazard, such as a caution sign, the plaintiff must demonstrate that the warning was inadequate to prevent an accident. In some cases, the presence of distractions in proximity to the hazard can render warnings ineffective.
In cases where the property owner did not know about the hazard, a plaintiff must prove the lack of knowledge was unreasonable, and that a reasonably diligent party would have discovered the hazard before anyone could get hurt. Similarly, dog bite claims frequently hinge on whether the owner was aware of the animal’s dangerous nature. A Virginia Beach dog bite attorney at our firm can review the facts in your case and outline your options.
Damages available in a Virginia Beach premises liability case
A person with a slip and fall injury or another type of premises liability case might collect compensation for:
- Current and future medical bills related to the injury
- Current and future lost earnings related to the injury
- Physical pain and mental suffering
Our legal team is determined to recover the greatest amount possible under the facts of your case.
Contact a knowledgeable Virginia Beach premises liability attorney for a free consultation
Ernest Law Group, PLC represents clients throughout the Hampton Roads area in a wide array of premises liability cases. Please call 757-289-2499 or contact us online to schedule a free consultation at our Virginia Beach office.