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Help for Premises Liability Victims
The Centers for Disease Control and Prevention (CDC) estimates that accidental injuries caused 25.5 million emergency room visits and 224,935 fatalities in 2022 alone, making them the fourth leading cause of death in the US. When we step onto someone’s property, whether it’s a business, a public space, or a private residence, we should reasonably be able to expect a certain level of safety.
Owners of property have a responsibility to keep safe conditions and deal with any potential hazards before they can cause harm. If you’ve been injured on someone else’s property due to negligence, you should speak to an Alexandria premises liability lawyer to determine if you can file a claim.
These attorneys can help you navigate the sometimes-complex Virginia legal system and help you seek justice and fair compensation for your injuries or losses. So, if you’re hurt, get in touch with us at Curcio Law to speak with a premises liability lawyer in Alexandria right away.
What Qualifies as a Premises Liability Incident?
Premises liability is a category of law that refers to a property owner’s legal responsibility to make sure that their property is reasonably safe for visitors (often referred to as a “Duty of care”). If someone’s injured because of unsafe conditions on the property, the owner or occupier can be held liable (financially responsible) for any resulting damages.
The key in liability cases is to show that the property owner acted negligently in maintaining or repairing their property.
This area of law covers a wide range of potential accidents, including:
- Slip and fall accidents
- Trip and fall accidents
- Injuries caused by falling objects
- Injuries caused by dangerous elevators
- Drownings or pool accidents
- Dog bites or animal attacks
- Negligent security scenarios that lead to assaults or theft
Because each premises liability case is unique, they require careful examination of the specific circumstances surrounding the injury. An Alexandria premises liability lawyer can evaluate your situation to determine if the property owner failed you in upholding their duty of care.
The Duty of Care Alexandria Property Owners Owe Their Visitors
Virginia premises liability laws are designed to hold property owners accountable for accidents that occur due to their negligence. These can involve slip and falls, insufficient security, dangerous conditions, structural defects, and more.
Understanding your rights and the obligations of property owners can make a difference in the outcome of your case.
It’s important to note that the duty of care a property owner owes depends on the status of the injured person. Virginia law, which governs premises liability cases in Alexandria, classifies individuals who enter a property into three categories:
- Invitees
- Licensees
- Trespassers
The classification that the injured party falls into will directly impact the owner’s responsibility and, typically, the judgment and outcome of the premises liability claim.
Invitees
An invitee is any individual who’s invited onto the property for the owner’s benefit. This could include customers at a store or guests at a hotel, and property owners owe these invitees the highest duty of care.
Property must regularly be inspected to identify and fix any dangerous conditions, warn invitees of potential hazards, and take reasonable steps to ensure their safety. If the owner doesn’t, and an invitee is injured, the owner can be held liable for negligence.
Licensees
Licensees, on the other hand, are people who enter a property with the owner’s permission but for their own purposes, such as social guests. The duty of care owed to licensees can be somewhat lower than that of invitees.
Property owners still must warn licensees of known dangers but they don’t have the same requirements to inspect their property or to repair any hazardous conditions as they would with invitees.
Trespassers
Trespassers, as you might expect, are those individuals who enter a property without permission.
Property owners generally owe trespassers no duty of care except to avoid causing them harm intentionally. Still, there are some exceptions when it comes to children. Under attractive nuisance laws, a property owner can be liable if a child trespasses and is hurt by something on the property that may be particularly appealing to children, such as an accessible swimming pool or a trampoline.
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What To Do If You Were Hurt on Someone Else’s Property in Northern Virginia
Premises liability claims can be some of the most complicated to pursue. Not only must you prove that you were injured, but you also have to prove knowledge, fault, and negligence.
Let’s say that you were involved in a slip-and-fall accident on someone else’s property; follow these steps to ensure your legal rights are protected if legal action becomes necessary:
- Promptly file a detailed report of your injury and the circumstances leading up to it with the manager or property owner. Be sure to keep a copy of this report.
- Take photos and/or video footage of the scene, what caused the accident, and your injuries. This ensures that there’s evidence that a stair was broken (for example), regardless of whether or not it was fixed afterward.
- Get contact information for managers, witnesses to the accident, and building owners.
- Don’t accept a settlement or sign any documents without first consulting an experienced premises liability attorney. Doing so could jeopardize your claim or close your case permanently.
- Get medical attention immediately. Even if your injuries don’t seem that bad, they could worsen over time or not be recognizable at the time of the accident. A healthcare professional’s report provides additional documentation of your injury and prevents a defendant from claiming you were hurt by a separate event.
How an Alexandria Premises Liability Lawyer Can Help You
Premises liability cases are often complex, and trying to navigate the legal system on your own can be frustrating and overwhelming. Hiring an experienced premises liability lawyer in Alexandria will likely make a significant difference in the outcome of your case. Your lawyer will know how to properly investigate your accident, gather compelling evidence, negotiate with insurance companies, and fight for your rights in court if necessary.
Your attorney will also help you understand the Virginia statute of limitations for filing a premises liability claim. This limitation is typically two years from the date of the injury, but some circumstances can affect that. Missing your filing deadline can result in your case being dismissed and losing your right to seek any compensation, so it’s important to act quickly if you’ve been injured.
Working with a qualified premises liability lawyer also allows you to focus on recovering from your injuries while they handle the complexities and technicalities of your case.
Proving Negligence When Injuries Occur on Others’ Premises
To bring a premises liability claim in Alexandria, you must be able to prove that it was the property owner’s negligence that led directly to your injury.
This means that you (or your lawyer) must demonstrate three key elements:
- Duty of Care: You must show that the property owner owed you a duty of care, which will vary depending on whether you’re classified as an invitee, licensee, or trespasser.
- Breach of Duty: You also need to establish that the property owner breached that duty when they failed to maintain safe conditions or didn’t warn you of a potential hazard.
- Causation: You must prove that the property owner’s breach of duty was the direct cause of your injuries and that you’ve suffered damages as a result of those injuries, such as related medical bills, lost wages, pain and suffering, or disability.
An experienced Alexandria premises liability lawyer will help you compile this evidence and build a strong compensation case.
Maximizing Compensation for Your Losses
If you’ve been injured because of a property owner’s negligence, you could be entitled to compensation for a variety of damages or losses. Compensation in premises liability cases typically includes:
- Medical Expenses: Including ambulance fees, the cost of hospital stays, surgeries, medication, physical therapy, and any other medical treatment or required physical adaptations related to your injury.
- Lost Wages: If you miss work or have a reduced ability to earn an income due to the injury, you can also be compensated.
- Pain and Suffering: This is compensation for physical pain, emotional distress, and the impact the injury has had on your quality of life, including personal relationships.
- Long-Term Care: In severe cases, you could find yourself living with a long-term or permanent disability and can be entitled to compensation for ongoing care, rehabilitation, or other continued medical support.
Your Alexandria premises liability lawyer will work with you to calculate the full scope of your current and potential damages and pursue the compensation you need and deserve.
Premises liability law protects you if you’re injured due to unsafe conditions on someone else’s property.
If you’ve been hurt in a slip and fall, attacked by a dog, injured due to negligent security or defective structures, or through some other form of negligence by another, one of our premises liability lawyers is ready to help you hold the property owner accountable.
With the right legal support from Curcio Law, you can pursue the compensation you need to cover medical expenses, lost wages, and other damages caused by your injury.
Contact us today for a free consultation, and let’s start getting your future back on track.
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