When you visit a friend’s house or decide to go shopping, you probably assume that no harm will come your way. Unfortunately, sometimes accidents are the property owner’s fault. If you suffered an injury because of a property owner’s negligence, you may seek compensation for your injuries.
The personal injury lawyers of Emroch & Kilduff knows how devastating and life-changing premises liability accidents can be. If you were injured by a negligent property owner, our premises liability lawyers are here and ready to fight on your behalf and go after the damages and justice you deserve.
What Is a Premises Liability Case?
In a premises’ liability case, an injury victim seeks to hold a negligent property owner responsible for damages arising out of an injury that occurred on the owner’s property. Property owners have a duty to make a reasonable effort to maintain a safe environment for their visitors. When a property owner fails to keep their property safe, this can result in premises liability.
Common situations that often result in premises liability lawsuits in Virginia include:
- Slip and fall accidents;
- Dangerous property accidents;
- Dog bites;
- Inadequate or negligent security;
- Swimming pool drownings;
- Inadequate maintenance;
- Shopping center accidents;
- Construction site accidents; and
- Hotel accidents.
4 Steps in Establishing Fault in Your Liability Case:
To have a valid premises’ liability case, you need to prove these four elements:
1. The Duty of Reasonable Care
A property owner must act with reasonable care. However, what constitutes reasonable care depends on the relationship between the parties.
- Invitee: An invitee ia a visitor that the property owner invited them onto the premises to conduct business, for example customer in a store. The property owner owes the invitee the highest duty of reasonable care. For example, grocery store shoppers are considered invitees.
- Licensee: A licensee is someone who is on another person’s property for their own purposes, such as a house guest. In these situations, the property owner owes a duty of reasonable care to the licensee, but this duty is not as strong as the duty they would owe an invitee.
- Trespassers: If someone breaks into a building, the property owner typically owes them no duty of care because they are a trespasser. Consequently, if they are injured on the property, they would not be successful in suing the building’s property owner.
2. Breach of Duty
Once a duty has been established, the victim must show that the property owner breached their duty. Showing they were injured because of a dangerous condition on the property is not enough.
The third element of causation requires the victim to show that a dangerous condition on the premises caused their injuries.
Finally, the victim must prove that their injuries resulted in damages. Typically, a victim must show that they suffered significant damages such as severe injuries, lost wages, or permanent disabilities.
Steps to Take Following a Premises Liability Accident
The actions you take after a premises liability accident can not only keep you safe, but they can also protect your legal rights.
That is why if you are involved in a Virginia premises liability accident, make sure you do the following:
- Get examined by a doctor: Even if your injuries do not appear serious, you need a doctor to examine you. A medical professional can make sure you do not have any serious hidden injuries, such as a brain injury, and can provide the treatment you need. Additionally, a doctor will create a medical report of your injuries. This report can be vital if you decide to pursue a premises liability claim.
- Report the accident: You need to report the accident as soon as possible and get it on the record. For instance, if you were harmed in a slip and fall accident in a store, make sure you fill out a report and get it to the manager.
- Gather evidence and keep a journal: If you can, try to take videos or pictures of the incident. Include photos of your visible injuries and the dangerous condition that caused your accident. In addition, make sure you write down details of the accident in a journal indicating what happened, the injuries you suffered, and what daily activities you need to change or missed out on because of your accident. Try to be as detailed as possible.
- Contact an experienced premises liability lawyer: If you were injured in a premises liability accident, contact an experienced premises liability lawyer as soon as possible. A lawyer can not only answer your questions and advise you whether you have a viable claim, but they can also fight for the compensation you want and the justice you need.
The Law Firm of Emroch & Kilduff
The law firm of Emroch & Kilduff has been fighting zealously for Virginia personal injury accident victims since its founding in 1970. Our attorneys have the knowledge and experience to not only fight for the compensation our clients need but to provide them with the personal approach and dedicated services they want.
Our skilled attorneys have won millions in settlements and jury verdicts for our clients, including:
- $1.5 million for a premises liability case.
- $1.55 million for workers’ compensation.
- $1.65 million for medical malpractice.
- $1.25 million for a motor vehicle crash.
- $1 million for a cargo accident.
While these are examples and do not guarantee a particular outcome in any future case, we can promise that if you work with us, our attorneys will put their experience to work going after the compensation you deserve.
If you or a loved one were hurt in a Virginia premises liability accident, contact the law offices of Emroch & Kilduff today at (804) 358-1568 and let an experienced premises liability lawyer go over your case.
“Emroch & Kilduff was a great company to help me in my time of need. The staff was very kind and professional. They kept me very informative on everything and were very pleasing and easy to work with. Everyone was very friendly and knew all their information. Definitely would recommend and go back to them for help again. Thank you Emroch & Kilduff for all your time and help.”
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