Richmond Premises Liability Attorney

If you get hurt on someone’s property, premises liability laws determine what happens next. While this term may sound confusing, premises liability laws just establish the obligations property owners have to you and when they can be held liable for losses after an injury.

Monge & Associates knows Virginia’s premises liability laws inside and out, and we can help you make the right legal arguments under these laws if you have been hurt. Give us a call or contact us online today to schedule your free consultation with a Richmond personal injury attorney to find out more about how we can help you. 

Why Choose Monge & Associates

Monge & Associates is the right firm to call if you get hurt on someone’s property. You should place your trust in our team because:

• We have decades of experience. Our firm has been representing injured clients since 1993. With decades of experience focusing only on fighting for those who have been harmed, our firm has the necessary experience to help you make the strongest claim possible. 
• We have recovered over $1 billion in compensation for clients. Injuries that occur when visiting a property can often be serious and sometimes even fatal. You need a Richmond premises liability lawyer who has demonstrated they understand how to excel in cases where a lot of money is at stake.  
• We have the comprehensive resources you need. Property owners have insurers who try to pay as little as they can. Insurers may even have their own team of lawyers in-house, helping them to pay as little as possible. We can help you stand up to big companies, conduct thorough investigations, and bring in experts who will help you make the strongest claim possible. 
• Our team is dedicated to you. We care about every client. You’ll have access to your attorney, and we offer support and open communication throughout your case.
  

What Is Premises Liability in Virginia?

Premises liability law is the body of law that establishes the duties of property owners and the rights of accident victims when those duties are breached.  These laws apply in situations where you get hurt while in someone else’s home or place of business, or on someone else’s land.

Common Types of Premises Liability Cases

Monge & Associates provides representation in all different kinds of cases covered by premises liability law. Some of the most common cases we handle include:

• Slips, trips, and falls
• Swimming pool accidents
• Construction site accidents
• Elevator and escalator incidents
• Negligent security and acts of violence
• Toxic exposure or exposure to dangerous chemicals

In these and other situations, our team is ready to help you navigate the civil justice system, make the right arguments under Richmond premises liability laws, and help you fight for justice.

The Legal Elements of a Premises Liability Claim in Virginia

Premises liability laws establish certain elements of civil cases that you need to understand if you want to pursue a case for compensation. 

Duty of Care

You will have to establish that the property owner had a duty of care or an obligation to keep you safe. Every property owner has certain obligations, but the specifics depend on why you were at the property. For example:

• Invitees are owed the highest duty of care. You’re an invitee if you were on the property for business-related purposes. Examples include customers at shops or restaurants. 
• Licensees are social guests. A property owner owes an intermediate duty of care to people like visiting friends and neighbors, both of whom would be licensees. 
• Trespassers are owed the most limited duty of care. Property owners may have to protect them from dangerous hazards that the owners create (like swimming pools) and avoid willfully or wantonly causing them to suffer injury.

Monge & Associates will begin your case by determining what duty the property owner owed. Understanding this is essential to proving they failed to fulfill their obligations.

Breach of Duty

You have to show the property owner fell short or was negligent. If they did not do things like correct hazards or warn you of known risks, then they were likely in breach of the duty of care.

Causation & Injury

The property owner’s failures must have directly contributed to the accident that left you injured, and you must have suffered actual losses because of the incident. The simple presence of unsafe conditions doesn’t give rise to a claim unless you can show you were harmed by the safety lapse.

Contributory Negligence

Finally, under Virginia law, defendants can try to raise a contributory negligence defense because Virginia is one of just a few U.S. states that don’t allow you to recover compensation if you played a role in causing your own accident. 

Monge & Associates can help you work within Virginia’s contributory negligence framework to demonstrate liability and maximize your chances of recovering compensation despite this limitation.

What to Do If You’ve Been Injured on Someone Else’s Property in Richmond

If you have been injured on someone else’s property in Richmond, there are a few key steps to take in the immediate aftermath of the accident — including gathering evidence and getting legal help. You should:

• Get medical help. Be sure your injuries are documented so you can demonstrate that they happened due to unsafe property conditions.
• Report the incident to the property owner and manager. Be careful when reporting the injury to stick to the facts so you don’t say anything that could damage your claim.
• Gather evidence at the scene: Take pictures, including any signage or hazardous conditions. Try to preserve as much evidence from the accident scene as possible, and get witness contact details if necessary.

You should also contact a premises liability lawyer who can help you to:

• Investigate the scene
• Identify liable parties, such as the property owner, managers, contractors, or occupiers.
• Negotiate with the insurance company of the property owner to try to get a fair settlement
• Go to court and pursue legal action when needed to give you the best chance at fair compensation. 

Compensation You Could Recover in a Richmond Premises Liability Case

In the aftermath of an accident on a property in Richmond, you may be entitled to:

• Economic damages: These are damages for actual financial loss, such as medical bills paid, missed work time, and lost future earning power.
• Non-economic damages: These are non-financial losses such as lost companionship, emotional distress, and lost quality of life.
• Punitive damages: Punitive damages are fairly rare, but if the defendant behaved egregiously, it may be possible to recover this type of compensation that’s meant to punish the defendant. 

Monge & Associates will work with you to maximize the compensation you collect so you can walk away with the funds you need to rebuild. 

Why Choose a Local Richmond, VA Lawyer for Premises Liability

Monge & Associates understands the ins and outs of local Richmond laws on premises liability claims, and we can bring that experience to work on your case. Give us a call or contact us online today to schedule a free consultation and learn more about what a Richmond, VA premises liability lawyer can do for you.