A Virginia Premises Liability Attorney Discusses Property Owner's Duty of Care

Property owners have a responsibility to make sure that any invited visitor or guest who comes on the property is safe. They must keep the property free of hazards that could cause an injury, such as a slip and fall or trip and fall. If a person is injured because a property owner failed to keep their property safe, then the victim may be able to pursue a personal injury claim against the owner under Virginia premises liability laws.

In order to prove negligence on the part of the property owner, a Virginia personal injury attorney needs to prove four factors:

The property owner owed the victim a duty of care: There are several elements to this factor. An attorney must show that the person who is named in the lawsuit is the actual owner and they are the one who is responsible for keeping the property safe. The attorney must also show the victim had permission to be on the property. A person who is trespassing and gets injured cannot file a premises liability claim against the owner because they did not have permission to be on the property, therefore, the owner did not owe the victim a duty of care.

There was a hazard on the property: An injury attorney must also prove that a hazard existed. For example, if a victim fell down stairs because the mat on one of the steps was loose and caused the victim to slip, that is considered a hazard.

The owner knew about the hazard or should have known about the hazard: If the owner knew about the hazard and failed to repair it or warn visitors that the hazard was there, they could be held liable. If they should have known, such as that lose mat. An attorney will investigate and determine how long that mat was loose, which would also help bolster the case against the owner.

The victim suffered an injury as a result of the hazard: The Virginia accident attorney will need to prove that the hazardous condition is what caused the victim to become injured.

Let a Virginia Accident Attorney Help

If you have suffered an injury on another person’s property, whether residential or business, contact a Virginia premises liability attorney to find out what legal recourse you may have. The legal team at Shapiro & Appleton will use all available resources to get you the financial compensation you deserve.

Eric K. Washburn
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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