Suffering an injury on someone else’s property can lead to significant medical bills, time off work, and lasting pain. You might wonder, can you sue if you get hurt on private property? In many cases, the answer is yes—especially if the property owner failed to maintain safe conditions or warn you about known hazards.
Premises liability law holds property owners accountable when their negligence causes harm. Whether you slipped on a wet floor in a store, your child was bitten by a neighbor’s dog, or you tripped over broken stairs at an apartment complex, you may have the right to seek compensation.
Read on to learn how premises liability works, the types of visitors and injuries involved, and what evidence supports a claim. You’ll also learn how an attorney can help you pursue a fair outcome. For specific advice and guidance about your case, contact a premises liability lawyer near you for a free consultation.
What is premises liability?
Premises liability refers to the legal responsibility of property owners and occupiers to keep their premises reasonably safe for visitors. When they fail to do so, and someone gets hurt as a result, the injured person may have grounds to file a personal injury claim.
Legal duty of care owed by property owners
Property owners owe a duty of care to individuals who enter their premises. The extent of this duty varies depending on the visitor’s status (invitee, licensee, or trespasser). Generally, owners must:
- Keep the property free from dangerous conditions
- Conduct regular inspections
- Repair known hazards
- Provide adequate warnings about potential dangers
How premises liability differs from other personal injury claims
Unlike other personal injury claims, premises liability focuses specifically on injuries caused by unsafe conditions on someone else’s property. The key distinction lies in the relationship between the property owner and the injured party, and the owner’s duty to maintain a safe environment.
Categories of visitors on private property
In premises liability cases, the duty a property owner owes to an individual depends on the visitor’s classification. Virginia law recognizes three main categories: invitees, licensees, and trespassers.
Invitees (business visitors)
Invitees are individuals who enter a property for business purposes, such as customers in a store. Property owners owe invitees the highest duty of care, which includes:
- Regularly inspecting the premises
- Promptly addressing hazards
- Providing clear warnings about potential dangers
Licensees (social guests)
Licensees are social guests who enter a property with the owner’s permission but for their own purposes. Owners must warn licensees of known hazards that are not obvious.
Trespassers
Trespassers enter a property without permission. Property owners generally don’t owe trespassers a duty of care so long as they don’t willfully harm them. However, exceptions exist, especially concerning child trespassers and attractive nuisances (such as swimming pools).
Common types of private property injuries
Injuries on private property can occur in various ways. Common incidents include:
Slip and fall accidents
These occur when individuals slip or trip due to hazards like wet floors, uneven surfaces, or poor lighting.
Dog bites and animal attacks
Property owners may be liable if their pets injure visitors, especially if the animal has a history of aggression.
Swimming pool accidents
Lack of proper fencing, supervision, or maintenance can lead to drownings or other injuries.
Inadequate security incidents
Failing to provide adequate security measures can result in assaults or robberies on the premises.
Structural defects and maintenance issues
Broken stairs, loose railings, or faulty wiring can cause serious injuries if not promptly addressed.
Proving negligence in premises liability cases
To succeed in a premises liability claim, the injured party must establish that the property owner’s negligence caused their injury. An attorney can help establish the four elements of negligence:
- Duty of care: The owner had a legal obligation to ensure the property was safe.
- Breach of duty: The owner failed to uphold this obligation.
- Causation: The breach directly caused the injury.
- Damages: The injured party suffered losses as a result.
Evidence needed to establish liability
Your lawyer can help you collect and preserve valuable evidence. This may include:
- Photographs of the hazard
- Witness statements
- Medical records
- Incident reports
- Maintenance logs
Defenses property owners may use
Property owners and their insurers often try to avoid liability by shifting blame, downplaying the hazard, or exploiting legal loopholes. These strategies can make it harder for an injured person to recover compensation—but a skilled attorney knows how to counter them. With the right legal approach, these defenses can often be dismantled through evidence, expert testimony, and a clear narrative of how the injury occurred.
Comparative or contributory negligence
In states like Virginia, contributory negligence is a strict defense. If the injured person is found even 1% at fault for the accident, they could be barred from recovering damages. This harsh rule is often used to derail valid claims by exaggerating the victim’s actions or suggesting they should have “been more careful.”
Your lawyer will push back against exaggerated or unfounded blame. They may present surveillance footage, eyewitness statements, or expert opinions to show you acted reasonably and that the property owner’s negligence—not your actions—caused the injury.
Assumption of risk
Property owners may argue that the injured person knowingly accepted the danger by choosing to proceed despite being aware of it. This defense often shows up in cases involving recreational activities or obvious hazards like icy sidewalks.
Assumption of risk doesn’t apply to every situation. An attorney can argue that no reasonable person would have expected the danger or that the property owner still had a duty to minimize foreseeable risks. They’ll also examine whether the owner provided adequate warnings or failed to correct a hazard that wasn’t obvious.
Open and obvious danger doctrine
Owners sometimes claim that the hazard was so obvious—like a large hole or spilled drink—that any reasonable person should have seen it and avoided it. This defense tries to shift full responsibility to the victim.
Your lawyer can demonstrate that the hazard, while visible, was still unreasonably dangerous. They may also show that distractions, lighting conditions, or how the hazard blended into the surroundings made it less noticeable. The law doesn’t excuse a property owner simply because a danger might have been visible.
Lack of notice or knowledge of the hazard
To avoid liability, owners often claim they didn’t know about the dangerous condition and didn’t have enough time to fix it. This defense is common in commercial slip-and-fall cases where liquids or debris were left unattended.
Lawyers can request maintenance records, cleaning schedules, or employee testimony to prove that the hazard was present long enough for the owner to discover and address it. In some cases, prior complaints or repeat violations can show a pattern of negligence.
Recreational use immunity
When an injury happens on private property used for recreation (like hiking trails or undeveloped land), the owner may claim immunity under recreational use laws—especially if no entrance fee was charged.
These protections don’t apply if the property owner acted with gross negligence or failed to warn about hidden dangers. An attorney can investigate whether the landowner knew of specific risks, concealed them, or failed to correct serious safety issues.
Special considerations for different types of properties
Liability can vary depending on the property’s nature:
Residential homes
Homeowners must maintain safe conditions for guests and may be liable for hazards like icy walkways or loose rugs.
Commercial establishments
Businesses have a heightened duty to ensure customer safety, including regular inspections and prompt hazard remediation.
Rental properties and landlord liability
Landlords are responsible for maintaining common areas and may be liable for injuries resulting from neglected maintenance.
Publicly accessible private venues
Places like museums or amusement parks must implement adequate safety measures and may be held accountable for lapses.
Time limits for filing a claim
Timely action is essential in premises liability cases.
Statute of limitations for premises liability cases
In Virginia, the statute of limitations for personal injury claims, including premises liability, is generally two years from the date of the injury.
Claims against government entities
If the injury occurred on government-owned property, special rules and shorter deadlines may apply.
Importance of acting promptly
Delays can result in lost evidence and diminished witness recollection, weakening the case.
Exceptions that may extend the filing deadline
Certain circumstances, such as the injured party being a minor, may extend the time limit.
Compensation available for injured parties
Victims of premises liability incidents may be entitled to various forms of compensation:
Medical expenses
Coverage for hospital bills, surgeries, medications, and ongoing treatment.
Lost wages and diminished earning capacity
Reimbursement for time off work and potential future income loss due to injury.
Pain and suffering
Compensation for physical discomfort and inconvenience endured.
Emotional distress
Damages for psychological impact, such as anxiety or depression resulting from the incident.
Property damage
Reimbursement for personal property damaged during the incident.
Steps to take after an injury on private property
Taking the right steps immediately after an injury can strengthen a potential claim:
Seeking immediate medical attention
Prompt medical care ensures injuries are documented and treated appropriately.
Documenting the scene and injuries
Photographs of the area where the injury occurred, including any visible hazards like uneven pavement or poor lighting, can serve as powerful evidence. Take pictures from different angles and distances. Also, photograph your injuries as soon as possible—bruises, swelling, lacerations, or any assistive devices like slings or braces used during recovery.
Reporting the incident
Notify the property owner or manager immediately. If you’re in a commercial location like a grocery store or restaurant, ask for an incident report to be filed. For residential properties, especially rental homes or apartment complexes, inform the landlord or property management company in writing. Keep a copy for your records.
Preserving evidence
Hold on to clothing worn during the incident, especially if it’s torn or bloodied. Keep all medical records, receipts, and correspondence related to the injury. If any witnesses saw what happened, try to get their names and contact information.
Avoiding communication pitfalls with property owners or insurers
Avoid making recorded statements or signing anything without legal advice. Insurance adjusters often try to minimize payouts by twisting your words or pressuring you into quick settlements. Let a premises liability attorney speak on your behalf to protect your interests.
Working with an attorney
Injury victims often feel unsure about when to call a lawyer or how the process works. Here’s what to expect when seeking legal help for a premises liability claim.
When to consult a premises liability lawyer
Get legal advice as soon as possible if you were hurt on someone else’s property and suspect negligence played a role. Even if you’re unsure whether the property owner is liable, a lawyer can review the facts and determine whether a case exists.
What to look for in legal representation
Choose a lawyer with a strong track record of handling personal injury cases and a commitment to fighting for fair compensation. Look for someone who listens carefully, answers your questions clearly, and takes the time to explain your options.
Contingency fee arrangements
Most personal injury lawyers work on a contingency fee basis. That means you don’t pay out of pocket for legal fees. Instead, the attorney’s fee comes from any compensation recovered. If no compensation is secured, you typically owe nothing for legal services.
Initial case evaluation process
During the initial consultation, the attorney will ask for details about the incident, review any available evidence, and discuss your injuries and medical treatment. Based on that conversation, they’ll offer guidance about next steps and what to expect if you decide to move forward.
Contact our experienced premises liability attorneys now
When injuries happen on private property, recovering from the physical harm is just one part of the burden. Mounting bills, missed work, and constant phone calls from insurers make it harder to move forward. You don’t have to deal with all of that alone.
Premises liability claims require a careful investigation and firm advocacy. An experienced lawyer can gather evidence, build a strong case, and push back when property owners or insurers try to avoid responsibility. Whether through settlement or litigation, the goal is to secure fair compensation that reflects the true extent of your losses.
At Allen & Allen, we understand what you’re going through—and we make your fight our fight. Our team has spent decades standing up for people injured due to unsafe conditions on someone else’s property. We know how to hold negligent property owners accountable and how to pursue real results.
Don’t let someone else’s carelessness leave you with the consequences. Reach out today for a free consultation with a premises liability lawyer. We’ll review your case, explain your options, and help you take the first step toward recovery and justice.
