Your Rights In Midlothian Premises Liability Cases
If you’ve been injured on someone else’s property in Virginia, you have rights. Property owners are responsible for keeping their premises in safe condition. When they fail to do so, and you get hurt as a result, you may have a legal claim. This type of personal injury claim is called premises liability. It ensures that property owners are held accountable for their negligence.
At The Law Office of Maury & Krol, PLLC, we aggressively pursue premises liability claims for injured clients throughout the Richmond area. We pride ourselves on being tenacious trial lawyers. We are aggressive and client-driven, with over $20 million in awards for our clients. Our commitment to you is unwavering, and we will work hard to seek justice on your behalf.
Understanding Commercial Premises Liability Cases
In commercial premises liability cases, negligence claims hinge on four essential elements:
- Duty: The property owner or manager must have a duty to maintain a safe environment.
- Breach: They breached that duty by not addressing hazards.
- Causation: This breach directly caused an injury.
- Damages: The injury resulted in actual damages (including physical and financial).
This standard applies to residential cases as well. However, in some premises liability cases, a “negligence per se” claim may apply if the property owner violated a safety law related to their property.
Examples of commercial premises liability accidents include:
- Slip and falls: Slips, trips and falls are among the most frequent types of commercial premises liability claims. These accidents can occur due to slippery floors, uneven walkways or tripping hazards. For instance, a customer might slip on a recently mopped floor in a grocery store where no warning signs were placed, leading to injuries like sprains or fractures.
- Inadequate security: Proper security measures are crucial in commercial settings, especially in areas like parking ramps where visibility is key to safety. Poor lighting can create an environment where crimes such as muggings or assaults are more likely to occur. Property owners have a duty to keep these areas well-lit and secure to protect visitors from harm.
- Poor maintenance: Proper maintenance of commercial properties is essential to prevent safety hazards. This includes fixing broken stairs or railings, repairing potholes in parking lots, and keeping elevators and escalators regularly inspected and functioning correctly.
As skilled premises liability attorneys, we handle all types of injury claims on commercial properties. We aren’t afraid to take on powerful opponents like big box stores or food establishments. We know how to aggressively pursue results.
What To Know About Residential Premises Liability Cases
The same negligence standard applies to residential premises as commercial properties. On private properties, common types of premises liability claims include:
- Slip-and-fall accidents
- Dog bites
- Swimming pool accidents
- Trampoline injuries
- Dangerous stairs or railings
- Fire hazards
- Poor lighting
In many residential premises liability cases, homeowners’ liability insurance is a significant source of compensation. This insurance often provides coverage for injuries that occur on the property. When a claim is made, the insurance company typically conducts an investigation to determine liability and may negotiate settlements with the injured party. It’s important for injury victims to have skilled legal representation when dealing with insurance companies.
Landlords and property managers may also be liable in cases involving injuries on rental properties. These parties have a legal duty to keep rental properties safe and in compliance with housing codes.
It’s also important to know that the injury victim’s legal status – as an invitee, licensee or trespasser – impacts their right to recovery.
Virginia’s Pure Contributory Negligence Standard
Virginia’s pure contributory negligence rule can significantly impact your premises liability case. If you are found even 1% at fault for your injury, you may be barred from recovering any damages. This strict standard means it’s essential to have a strong legal team to protect your rights.
Contact Us For A Free Consultation
At The Law Office of Maury & Krol, PLLC, we understand the complexities of premises liability cases. We are ready to fight for you. If you’ve been injured due to a property owner’s negligence, whether on residential or commercial property, contact us today for a free consultation. Call us at 804-529-3647 or send us a message online.