Any type of accident that injures or kills a visitor and which the homeowner could have prevented provides legal grounds for filing an insurance claim or civil lawsuit. A brief list of successful personal injury and wrongful death claims against Virginia homeowners includes
- Trips on loose stairs
- Falls from unsecured or unrepaired balconies
- Dog bites and animal attacks
- ATV crashes when young children were allowed to ride or operate the vehicles without adult supervision
- Falling dead tree limbs and uprooted dying trees that should have been removed due to safety concerns
- Electric shocks and electrocutions from exposed wiring or faulty outlets
- Drownings and near-drownings in unfenced pools
Note, however, that adults and children older than 8-12 years old cannot receive insurance settlements or win civil lawsuits if they were trespassing, intentionally putting themselves in danger or under the influence of drugs or alcohol. Homeowners and their insurance company representatives will often try to argue that one type of disqualifying action or another occurred, so partnering with a Virginia plaintiff’s attorney who has experience handling claims against homeowners may be necessary.
EJL