Helping You Recover Compensation for Your Injuries and Anguish After an Accident That Wasn’t Your Fault
Premises liability cases in Virginia involve legal claims arising from injuries sustained on someone else’s property due to hazardous conditions or negligence. Whether it’s a slip and fall, inadequate security, or unsafe premises, victims facing injuries incurred on another’s property may find themselves navigating a complex legal landscape.
The importance of hiring a lawyer after being injured in a premises liability incident cannot be overstated. A skilled attorney specializing in Virginia premises liability law can provide invaluable guidance in assessing the circumstances of the accident, identifying liable parties, and pursuing fair compensation.
From investigating the scene to negotiating with insurance companies, a knowledgeable lawyer can help ensure that the injured party’s rights are protected and that they receive the compensation they deserve for medical expenses, lost wages, and pain and suffering. This legal support becomes particularly crucial when dealing with potentially liable property owners or insurance companies resistant to acknowledging responsibility.
UNDERSTANDING VIRGINIA PREMISES LIABILITY CLAIMS
In order to determine whether or not you have a viable claim, you’ll need to take a look at the premises liability of the owner of the property. In order to recoup costs associated with your injuries, you’ll need to prove the following:
- The property owner was aware of danger on their property but failed to remedy the issue
- The owner was unaware of the danger on their property but should have because any reasonable person would have known
- The owner caused the danger on purpose or by accident but didn’t fix the issue before inviting people onto their property
Our Virginia personal injury lawyers will also work to determine if the property owner maintained the property regularly or if a pattern of negligence can be established. By investigating your claim, we’ll determine exactly what led to your accident and what the property owner could have done to minimize risk.
VIRGINIA PREMISES LIABILITY LAWYER RICHARD SERPE
Attorney Richard Serpe is a respected Virginia personal injury lawyer with a reputation for meticulous preparation and presentation. As a personal injury attorney, he advocates for those who have been injured due to the negligence of another person, dangerous product, or company. A substantial portion of his 37-year legal career has been devoted to the representation of injured children. Richard Serpe has a tremendous track record of success in obtaining favorable jury verdicts and settlements for his clients.
- Best Lawyers® (2005 – Present)
- Super Lawyer : top 5% of lawyers in Virginia (2006 – Present)
- Martindale-Hubbell: AV Preeminent Rating (the highest award)
- Avvo.com : Rated 10/10 – “Superb”
TYPES OF PROPERTY OWNER NEGLIGENCE
- Failure to Maintain Safe Premises: Property owners have a duty to keep their premises in a reasonably safe condition. Negligence can occur when there is a lack of routine maintenance, leading to hazards such as uneven walkways, broken stairs, or damaged flooring.
- Slip and Fall Hazards: Negligence can result from failure to address known slip and fall hazards, such as wet floors, icy sidewalks, or spills that are not promptly cleaned up or marked with warnings.
- Defective or Dangerous Conditions: Property owners must address and rectify defective conditions on their premises, including issues with building structures, electrical systems, or other potential dangers that could cause harm.
- Failure to Warn: Property owners are obligated to warn visitors of known dangers that may not be immediately obvious. Failure to provide adequate warnings about potential hazards can be considered negligent.
- Building Code Violations: Failure to comply with building codes and safety regulations can constitute negligence. This may include issues related to fire safety, accessibility, or structural integrity.
- Inadequate Security Measures: Property owners, especially in commercial establishments, have a responsibility to provide adequate security to prevent foreseeable criminal activities. Negligence may occur if there is insufficient lighting, broken locks, or a lack of security personnel.
COMMON INJURIES IN PREMISES LIABILITY CASES
- Slip and Fall Injuries: Fractures, sprains, strains, and contusions can result from slipping and falling on wet or slippery surfaces, uneven flooring, or other hazards.
- Head and Brain Injuries: Traumatic brain injuries (TBIs), concussions, or other head injuries can occur when an individual falls and strikes their head on a hard surface.
- Back and Spinal Cord Injuries: Falls or accidents on unsafe premises can lead to injuries such as herniated discs, spinal fractures, or damage to the spinal cord, resulting in long-term consequences.
- Broken Bones and Fractures: The impact of a fall or collision with a hazardous condition can cause fractures or broken bones, commonly affecting the wrists, arms, hips, or ankles.
- Soft Tissue Injuries: Strains, sprains, and tears of muscles, ligaments, and tendons can occur due to slips, trips, or falls.
- Cuts, Bruises, and Abrasions: Sharp or uneven surfaces on the premises can cause cuts, bruises, and abrasions, which may lead to infections if not properly treated.
- Electric Shock Injuries: Poorly maintained electrical systems or faulty wiring on the premises can lead to electric shock injuries, ranging from minor shocks to severe burns.
- Burn Injuries: Fires or exposure to hot surfaces on the property can result in burn injuries, varying in severity from mild to severe.
- Drowning or Near-Drowning: Inadequate safety measures around pools, ponds, or other bodies of water on the premises can lead to drowning or near-drowning incidents.
- Injuries from Falling Objects: Poorly secured or stacked objects can fall and cause injuries, including head injuries, fractures, or cuts.
- Injuries from Defective Equipment: Injuries can occur if individuals use or interact with defective equipment or products on the property.
COMPENSATION IN VIRGINIA PREMISES LIABILITY CASES
Depending on the circumstances surrounding your situation, you may be entitled to one or more of the following:
- Medical Bills: You may seek compensation for any medical care related to the accident. This often includes hospital bills, physical therapy, surgeries, and future medical bills if your injuries are life-altering.
- Lost Income: Some slip and fall accidents result in injuries that leave victims out of work for weeks, months, or even permanently. You may seek compensation to recover those lost wages. If you are no longer able to work due to your injuries, this may be factored into the settlement.
- Pain and Suffering: This is determined by the severity and permanency of the accident and your injuries and can be factored into your settlement.
- Wrongful Death: When a loved one is killed in a slip and fall accident, they leave behind bills and funeral costs – and the loss of future income for their family. Of course, their loss is felt emotionally as well. This loss of companionship and affection is priceless. Virginia allows certain family members to make a claim for losses suffered due to the wrongful death of a loved one.
STATUTE OF LIMITATIONS (DEADLINES)
Virginia provides a two-year deadline also known as a Statute of Limitations for personal injury claims and lawsuits. However, special circumstances may apply depending on who owns the property that could shorten that timeframe.
Contacting an attorney promptly is essential to meet deadlines and facilitate a thorough investigation. In legal matters, time constraints, particularly those associated with statutes of limitations, underscore the urgency of seeking legal counsel early on to ensure the preservation of your rights and the opportunity for a comprehensive investigation of the circumstances surrounding your case.
VIRGINIA PREMISES LIABILITY LAWYER
Hiring a law firm like the Law Offices of Richard J. Serpe, PC is crucial in ensuring a thorough and effective investigation into your premises liability case. With extensive experience in handling such matters, their legal team possesses the expertise to identify negligence, gather evidence, and build a strong case on your behalf. If you or your loved one was injured in a Virginia premises liability accident, contact Richard Serpe for a free consultation. Call or text 757-233-0009.