Premises Liability Law Firm
Helping You Get the Compensation You Deserve After Suffering Injuries on Someone Else’s Property in Virginia
You or a loved one has suffered serious injuries in an accident on someone else’s property in Virginia. Now, you are left grappling with physical pain, emotional trauma, costly medical bills, lost income from missed work, and an uncertain future. It’s an overwhelming and stressful situation that no one should face alone.
When a property owner fails to keep their premises safe and you sustain an injury, you have the right to hold them accountable and pursue the financial compensation you need to heal and move forward. However, premises liability claims are complex, and insurance companies will work hard to pay you as little as possible or deny your claim completely.
To protect your rights and improve your chances of obtaining full and fair compensation, you need an experienced Virginia premises liability lawyer on your side. At Allen & Allen, our dedicated Virginia premises liability lawyers have been fighting for injury victims across Virginia since 1910. We understand the immense challenges you are facing, and we are here to provide the caring guidance and tireless advocacy you need during this difficult time.
Contact us today for a free consultation. We will listen to your story with compassion, thoroughly explain your legal options, and develop an effective strategy aimed at maximizing your compensation and securing the best possible outcome in your Virginia premises liability case. You don’t have to go through this alone. Let Allen & Allen be your voice for justice.
What Is Premises Liability?
Premises liability is an area of personal injury law that applies when someone is injured on property owned or maintained by someone else. Property owners and occupiers (like landlords or business owners leasing space) have a legal duty to keep their premises in reasonably safe condition and to warn visitors of any hazardous conditions that are not open and obvious.
If a property owner fails to meet this duty of care and someone gets hurt as a result, the injured party may hold the property owner liable for the injured person’s damages in a premises liability claim. Some common examples of hazards that can lead to premises liability accidents include:
- Wet, slippery, or slick floors
- Cracked or uneven sidewalks, walkways, parking lots, etc.
- Broken or missing handrails on staircases
- Poor lighting or lack of security
- Falling objects
- Dog bites or animal attacks
- Swimming pool accidents
- Amusement park accidents
- Elevator/escalator malfunctions
- Fires
- Exposure to hazardous materials
- Negligent security leading to assault or injury
What Are Some Common Premises Liability Cases?
Premises liability claims arise in many different settings, such as:
- Slip and fall accidents at grocery stores, retailers, restaurants, hotels, etc.
- Trip and fall accidents on broken sidewalks or uneven pavement
- Swimming pool drowning or near-drowning
- Dog bites at a home, park, or on the street
- Assaults in parking garages or apartment buildings with insufficient lighting or security
- Injuries at amusement parks, gyms, daycares, or schools
- Stairway falls due to broken steps or missing handrails
- Escalator accidents at malls or airports
- Elevator accidents in office buildings or hotels
If you were hurt in these or any other types of accidents on property belonging to someone else, you may have grounds for a premises liability claim. These cases tend to be highly fact-specific, so it’s important to consult an experienced attorney who can evaluate your situation and advise you of your legal options.
How Allen & Allen Can Help with Your Virginia Premises Liability Claim
While you may be tempted to try to handle your premises liability claim on your own, there are many pitfalls and challenges you could face. The property owner may deny that they did anything wrong or insist that your own carelessness caused your injuries. Their insurance company may offer you a lowball settlement that fails to cover the full extent of your losses or try to get you to say something that undermines your claim. Without in-depth knowledge of the law and extensive experience dealing with insurance adjusters, you risk recovering far less than you deserve or even having your claim denied.
An experienced Virginia premises liability lawyer from Allen & Allen can level the playing field and fight for the maximum compensation you are owed. We will:
- Conduct a thorough investigation into the accident to gather crucial evidence before it is altered or disappears
- Interview eyewitnesses and obtain incident reports, medical records, and other documentation to support your claim
- Consult with expert witnesses as needed to provide testimony on issues like what the property owner should have done to prevent your injuries or the full extent of your damages
- Handle all communication with the insurance company so you can focus on your recovery
- Negotiate aggressively for a full and fair settlement
- Take your case to trial if the insurance company won’t agree to the compensation you deserve
Having represented countless injury victims in Virginia for more than a century, we have the skills, experience, and resources to handle even the toughest premises liability claims. Let us put our expertise to work for you.
Who Pays for My Premises Liability Injuries?
In most cases, the property owner’s insurance will cover your damages, up to the policy limits. The types of insurance that may come into play in a premises liability claim include:
- Homeowners insurance for accidents at a private residence
- Business/commercial liability insurance for accidents at a store, office, or another place of business
- Landlord insurance for accidents at a rental property
However, just because the property owner has insurance doesn’t mean getting fair compensation for your injuries will be easy. Insurance companies are out for profit and will try to minimize their financial exposure whenever possible. They may try to shift blame for the accident onto you, downplay the severity of your injuries, or pressure you to accept a lowball settlement.
Many insurance companies will contact you as early as the day after an accident to obtain a recorded statement about your injuries and details of the event that led to them. Giving a statement to the insurance company is typically not in your best interest. You are under no legal obligation to provide such a statement, and if you do, it could be used against you during attempts to resolve your case.
To get the full compensation you deserve, you will need an aggressive attorney who can go toe-to-toe with the insurance company and fight for your rights. At Allen & Allen, we have been standing up to insurance companies on behalf of injured Virginians for more than a century. We know their tricks and tactics, and we won’t let them get away with shortchanging you.
If the property owner’s insurance is insufficient to cover your losses or the owner is uninsured, you may be able to turn to other sources of compensation, such as your own insurance or the property owner’s personal assets. Our attorneys will identify all possible avenues for recovering the compensation you need to pay your medical bills and other damages stemming from the accident.
What Must I Prove to Get Compensation from the Property Owner in a Premises Liability Case?
All premises liability claims rely on negligence. Negligence means the property owner failed to use reasonable care to prevent harm to those on their premises. To show negligence, your attorney must establish all of the following:
- The defendant owned, occupied, leased or controlled the property
- The defendant was negligent in their maintenance or use of the property
- You were harmed
- The defendant’s negligence was a substantial factor in causing your harm
How Does the Status of the Visitor Affect a Premises Liability Claim?
The status of a visitor to a property affects the duty of care the property owner owes to that person if they sustain injuries:
- Invitee: If you were on the property for business purposes (e.g., shopping at a store or eating at a restaurant), the owner must maintain safe conditions and promptly correct any known hazards or warn of their presence.
- Licensee: If you were on the property with express or implied permission for social purposes (e.g., a house guest at a friend’s home), the owner must warn you of hazards they know about if those dangers are not obvious to you.
- Trespasser: If you were on the property illegally (without permission or a right to be there), the owner typically only has to refrain from willfully or wantonly injuring you.
In most cases, people who are on a property legally through expressed or implied invitation may hold the property owner accountable for any injuries sustained on the premises due to a dangerous condition the property owner failed to address.
What Types of Compensation Can I Get from a Premises Liability Claim?
A premises liability claim allows you to seek compensation for the full extent of your losses, including:
- Medical expenses (past and future)
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Permanent disability
- Loss of enjoyment of life
If the property owner’s actions were especially egregious or intentional, you might also be awarded punitive damages. While rare, these damages are meant to punish the wrongdoer and send a message that their behavior was unacceptable.
No two cases are exactly alike, so the amount of compensation you may be entitled to will depend on the unique facts of your case. The experienced attorneys at Allen & Allen will meticulously document your losses, including working with experts to calculate your future anticipated needs. We will explore all potential avenues for maximizing your recovery.
What Should I Do After Suffering Injuries on Someone Else’s Property?
To protect your health and your right to compensation after a premises liability accident, follow these steps:
- Report the incident to the property owner or manager right away. Make sure they create a written incident report but stick to the basic facts of what happened and don’t admit any fault.
- Get prompt medical care for your injuries. Follow all of your doctor’s treatment recommendations.
- Take photos of the hazard that caused your accident, your injuries, and other relevant details if you can. Ask any eyewitnesses for their names and contact information.
- Keep copies of medical bills, incident reports, insurance letters, and other documentation related to the accident and your injuries.
- Don’t discuss the incident on social media, and don’t post photos or videos of yourself that the insurance company could use to claim you aren’t as hurt as you say.
- Contact an experienced Virginia premises liability attorney at Allen & Allen right away to discuss your situation. We can start investigating immediately to preserve vital evidence before it is lost.
What If the Premises Liability Accident Was Work-Related?
If you were injured on someone else’s property in the course of your employment, you may be entitled to workers’ compensation benefits. These benefits can provide coverage for your medical treatment and a portion of your lost wages, regardless of who was at fault. In most cases, filing a workers’ comp claim will be your sole remedy against your employer.
However, if your injuries were caused by negligence on the part of a third party (someone other than your employer), you may be able to bring a separate premises liability claim against that party. For example, if you are a delivery driver who slips and falls on a broken step at a customer’s home, you may be able to pursue a premises liability claim against the homeowner in addition to a workers’ comp claim.
Navigating the intersection between workers’ comp and personal injury law can be tricky. Let the knowledgeable attorneys at Allen & Allen review your case and advise you on how best to proceed to maximize your compensation.
What If the Accident Happened on Government Property?
If you were injured due to negligent maintenance of property owned by a local, state or federal government entity, special rules may apply to your premises liability claim. Governments are generally protected from lawsuits by sovereign immunity unless they have consented to be sued through a statute like the Virginia Tort Claims Act.
Where permitted, claims against government entities typically have special notice requirements and shorter deadlines than standard claims. If you fail to follow the strict rules, you could lose your right to compensation.
The experienced premises liability attorneys at Allen & Allen know how to navigate the complexities of claims against the government. We will make sure all notices are filed properly and all deadlines are met in your case.
How Long Do I Have to Sue a Property Owner for Injuries in Virginia?
The statute of limitations for most Virginia premises liability claims is two years from the date of injury. If you are suing a government entity, you may have to provide notice of your claim as soon as a few months after the incident.
While two years may seem like plenty of time, it is to your advantage to get started on your claim as soon as possible. The longer you wait, the greater the risk that key evidence will disappear and witnesses’ memories will fade. And if you miss the filing deadline, the court will likely dismiss your case and you will be barred from getting any compensation for your injuries.
Don’t delay. Contact Allen & Allen today to get started on your premises liability claim.
Why Choose Allen & Allen for Your Virginia Premises Liability Claim?
Since our founding in 1910, Allen & Allen has been a leader in representing injured individuals and their families throughout Virginia. When you hire us to handle your premises liability case, you will benefit from our:
- Extensive experience: We have been advocating for accident victims for more than 110 years. We have a proven track record of success in even the most complex premises liability claims.
- Focus on personal injury: Premises liability is one of our primary practice areas and a core focus of our firm. We stay on top of changes to the law and cutting-edge strategies to build strong cases for our clients.
- Client-centered service: We understand the stress and uncertainty you face after a serious injury. We will guide you through every step of the legal process with compassion and keep you informed about the progress of your case.
- Resources to fight for you: Unlike smaller firms, we have the resources to thoroughly investigate your claim and hire top experts if needed. The insurance company will know we are ready to take your case to court if necessary.
- Reputation for results: Insurance companies know we mean business. We have recovered hundreds of millions of dollars for injured clients, including many cases resulting in seven- and eight-figure settlements and verdicts.
We offer free initial consultations, and there are no fees unless and until we recover compensation for you.
Contact Allen & Allen for Help with Your Virginia Premises Liability Claim.
At Allen & Allen, we believe that no one should have to suffer because of a property owner’s negligence. We are here to hold the responsible party accountable and demand the compensation you need to get your life back on track. Contact us today to schedule your free consultation and learn more about how we can help.
Office Locations for Premises Liability Cases
Premises Liability Resources
- Premises Liability Claims in Virginia – Details potential circumstances surrounding and guidelines to navigating a premises liability case
- Contributory negligence in Virginia: What you need to know – Defines contributory negligence and how its applicable in Virginia