Premises liability laws apply when you get hurt on someone’s property. These laws can be complicated, as liability depends both on why you were at the property and how the property owner fell short.
Monge & Associates has a long history of representing clients who have been harmed while visiting the property of others. We can put our legal knowledge and skills to work to help you understand the issues in your case, determine your status on the property, and make a compelling argument that you’re entitled to justice.
If you were injured on someone else’s property in Arlington, you should speak with an experienced Arlington personal injury attorney who understands how Virginia premises liability laws apply to your case.
Contact Monge & Associates Injury and Accident Attorneys
Arlington Premises Liability Attorney
Why Choose Monge & Associates
Monge & Associates is the place to turn when you have been hurt while visiting the property of others. Our legal team:
- Has represented many clients in premises liability claims. Our firm understands how to help clients hurt by slip and falls, negligent security, dog bites, and many other injuries on property. We know the legal arguments to make and the best ways to present a compelling claim.
- Has a long history of successes. We have recovered millions of dollars in damages for our clients. No two cases are alike, and the facts of your case will determine your compensation. Still, our long history of wins demonstrates that we know how to present evidence and legal arguments effectively.
- We care about our clients: Our past reviews show that we treat all of our clients the way they deserve. You get individualized support, access to your attorney, help understanding your rights, and a passionate advocate ready to fight for you.
- We have litigation and negotiation experience. Ideally, we help our clients settle their claims outside of court, but when property insurers and property owners fail to make a fair settlement offer, we are ready to go the distance and represent you in trial. We’ve recovered millions in both settlements and court verdicts because insurers know we won’t back down.
What Is Premises Liability in Virginia?
Premises liability laws make property owners and occupiers responsible for keeping visitors safe – and ensure they are liable for losses when they fail in that obligation.
Definition & scope of Virginia premises liability law
Premises liability laws determine when property owners can be held legally responsible for harm that occurs on their property.
These laws establish the duty that a property owner owes to people on their land, based on the reason for the visit. If the property owner falls short of fulfilling their obligation, they can be held liable in a civil claim and made to compensate accident victims.
Common Types of Premises Liability Cases
Premises liability laws determine liability when you are hurt on someone’s property. Some of the most common examples of premises liability claims include:
- Slip and falls
- Trip and falls
- Negligent security (when acts of violence occur because the property owner failed to provide appropriate protection)
- Elevator and escalator accidents
- Injuries from falling objects
- Exposure to toxic chemicals
- Fire safety hazards
- Injuries due to inadequate maintenance
In these and other situations where you were hurt on someone’s property, our firm can help you pursue justice.
The Legal Elements of a Premises Liability Claim in Virginia
Here are some of the key legal elements of premises liability law claims in Virginia.
Duty of Care
Virginia’s premises liability laws determine whether a landowner is liable for visitor injuries based on how the visitor was classified. Specifically, three different visitor statuses are used to establish the duty of care:
- Invitees are owed the highest duty of care. They include customers and those who are on the property for the benefit of the property owner
- Licensees are owed an intermediate duty of care. They include social guests, such as friends or neighbors who come for the mutual benefit of the property owner and visitor.
- Trespassers are owed a limited duty of care. Property owners have few responsibilities, but must still warn trespassers of known dangers and provide protection from attractive nuisances, such as swimming pools.
Monge & Associates can help you determine which category you fall within so you can understand how premises liability laws apply to you.
Breach of Duty
After establishing a property owner’s obligation or duty, the next step in a premises liability claim is to show that they fell short in fulfilling their obligations. A property owner may breach their duty to you if they:
- Fail to exercise reasonable care, with reasonable care determined based on your status on the property
- Do not take appropriate steps to either correct unsafe conditions or warn you about hazards.
Failing to fix broken railings or cracked tiles is just one of many examples of situations where a property owner could potentially be liable for a breach of duty. Not warning you about a wet and slippery floor is another.
Causation & Injury
In order for the property owner to be held liable for their breach of duty, the property owner’s failure must have been the direct or proximate cause of the accident. Your injuries must have occurred because of the failure.
You’ll need proof of how the injury happened to fulfill this element of your claim. You should report injuries promptly and document as much as possible — including keeping medical records so you can prove how your injury occurred and how severe it was.
Contributory Negligence
Virginia law is one of just a few states that applies contributory negligence rules to personal injury claims. Under these rules, if you were even 1% at fault for your own accident, you won’t be able to recover compensation.
It’s important to understand this limitation on claims and make sure you have an experienced Arlington premises liability attorney who can help you to maximize your chances of being able to recover despite it.
What to Do If You’ve Been Injured on Someone Else’s Property in Arlington
If you’ve been injured on someone’s property, you need to take steps to protect your health and your injury claim. Here are the steps you should take.
Immediate Steps After the Incident
Immediately after the incident that harmed you, you should:
- Seek medical attention
- Report the injury to the property owner or manager
- Take photographs demonstrating unsafe conditions that resulted in your injury, such as dim lighting, lack of signage, debris in aisles, or other issues.
- Preserve other evidence available to you from the scene of the accident
Monge & Associates will help you to begin gathering evidence from day one so you can maximize the chances of being able to successfully prove your claim.
When to Contact a Lawyer: Why Timeliness Matters
Getting legal help as soon as possible allows you to avoid mistakes that might jeopardize your case, such as saying the wrong thing to an insurer or accepting a settlement offer that is too low.
Your attorney can also help you preserve evidence and ensure you file your claim within Virginia’s statute of limitations, which is typically two years for a premises liability claim.
What a Premises Liability Lawyer Will Do for You
Monge & Associates will offer support throughout your claim. Our team will
- Identify all defendants, including those who own the property or who are responsible for maintaining it
- Gather evidence and identify appropriate legal arguments to maximize your chances of recovery
- Negotiate on your behalf with the property owner’s insurer to try to settle your claim, or fight for you in court when no settlement is reachable.
Compensation You Could Recover in an Arlington Premises Liability Case
If you can successfully prove your premises liability claim, you should be entitled to full and fair compensation for all economic and non-financial losses. This includes payment for:
- Medical bills
- Lost wages
- Lost future earning potential
- Pain and suffering
- Emotional distress
- Punitive damages in limited cases
Monge & Associates can help you prove the extent of the harm done to you so you can maximize your recovery.
Frequently Asked Questions (FAQs)
Want to learn more? Here are the answers to some frequently asked questions about premises liability claims in the Arlington area.
Does it matter who owns or manages the property?
You can potentially pursue a claim for compensation against a property owner (or those who occupy and are in charge of the property) if you can prove that you were harmed as a result of the owner or occupier’s breach of duty. It doesn’t matter who owns or manages it — the key is that you can prove they owed a duty to you, which they failed to fulfill in a way that hurt you.
Can I still have a claim if the property owner didn’t know about the hazard?
You may be able to pursue a premises liability claim against a property manager if the manager had a duty to you to keep the property safe and the manager knew, or should have known, about hazardous conditions.
If any reasonable property manager would have been aware of the risks, your property manager can’t avoid liability just by claiming they didn’t know about the issue.
How long will it take to resolve my case in Arlington?
The timeline for resolving a premises liability claim in Arlington can vary depending on many factors, including whether you sue or settle.
Working with an experienced attorney can often help you resolve your claim more quickly, as insurers may be more willing to negotiate fairly if they know you’re represented by a lawyer who won’t back down.
What happens if the insurance offers a quick settlement?
If an insurer offers a quick settlement in a premises liability claim, you’ll want to make sure the compensation you’re being offered is fair. If you settle, you can’t change your mind later, so consult with a lawyer before signing any papers so you can protect your right to full payment.
Conclusion
Monge & Associates is here and ready to help you, and we are committed to holding property owners or occupiers liable when they put you at risk. Give us a call today to schedule your free consultation and find out more about how our legal team can fight for you.