Tuckahoe Premises Liability Lawyers
Strong advocacy for anyone hurt while on public or private property in Virginia
When you shop at a retail store, eat at a restaurant, stay at a hotel, visit a professional office, or go to any building, you have the right to expect that the owners of the premises did everything they could to make you safe. If they did not, they can be held liable for the injuries you sustained. Our Tuckahoe premises liability lawyers hold public and private property owners accountable when you slip and fall, are attacked, are bitten by a dog, or suffer catastrophic harm on a dangerous property. Call Phelan Petty Injury Lawyers today for help.
How can we help?
- What types of cases fall under “premises liability”?
- What types of injuries do your Tuckahoe premises liability lawyers handle?
- What makes a Tuckahoe property dangerous?
- The difference between invitees, licenses, and trespassers
- Who can be held liable in a premises liability lawsuit?
- What is the value of my premises liability claim in Virginia?
What types of cases fall under “premises liability”?
Any injury you sustain on public or private property could be the reason you file a premises liability claim. Typically, these types of cases involve:
- Slip and fall accidents
- Trip and fall accidents
- Swimming pool accidents and drownings
- Assaults or attacks
- Dog bites and animal attacks
- Escalator and elevator accidents
- Accidents at amusement parks and fairs
- Chemical exposures
- Balcony and deck accidents
- Fires
What types of injuries do your Tuckahoe premises liability lawyers handle?
Many victims of property accidents suffer permanent and catastrophic injuries. Even seemingly minor injuries may cause chronic pain and a lifetime of trauma. Our Tuckahoe premises liability lawyers represent victims of serious injuries such as:
- Traumatic brain injuries
- Spinal cord injuries, including paralysis
- Simple, compound, complex, and multiple fractures
- Burn injuries
- Respiratory injuries
- Infections
- Internal bleeding and internal organ damage
- Back, shoulder, and neck pain
- Scarring and disfigurement
- Emotional suffering
We review with your physicians the medical care you need to improve and stabilize your health, the cost of your medical care, the possible complications, your daily pain and suffering, and all the challenges of living with your injuries.
What makes a Tuckahoe property dangerous?
Some of the many causes of property accidents in Virginia include:
- Failing to conduct routine inspections of the property looking for possible dangers
- Not taking prompt action to repair any risks such as torn carpets, slippery floors, loose railings, inventory on the floor, loose cables
- Failing to routinely have professionals examine any escalators or elevators
- Failing to install cameras, video equipment, lights, and locks, fences, failing to restrict access or hire security guards
- Failing to respond to warnings or complaints about building code or housing violations
The role of foreseeability in premises liability claims
There are dangers on every property, public and private. To be successful in a premises liability claim, however, you must be able to prove that there was some level of foreseeability of harm. This is why, for example, stores and restaurants will put a “wet floor” sign up when they clean or when it’s raining out; they can foresee that someone may slip, and so they are warning you of the potential danger. A property owner who fails to issue this warning may be held liable.
In some cases, the risk may not be as obvious. For example, imagine a set of stairs leading to a porch where one of the steps is a slightly different height. There’s nothing “wrong” with the step necessarily, but the difference is noticeable enough to trip people when they walk up those stairs – something that has been documented by multiple visitors. If one of these people were to trip and fall, and sustain injuries as a result, that victim could potentially have a premises liability claim.
The difference between invitees, licenses, and trespassers
The duty of care that a property owner owes to the people who use their property varies depending on the reasons for being on the property. Duty of care requirements are as follows:
- An invitee is someone the property owner invites onto their property to benefit the property owner. Common examples include shopping at your local grocery store, attending a birthday party of a friend, or staying at a hotel. In all these scenarios, both the owner and the invitee benefit in some way. Property owners owe invitees the highest duty of care.
- A licensee is someone who isn’t invited onto the premises but does have permission to be on the premises. In Virginia, the duty of care to a licensee is slightly less than the duty to an invitee. Common examples are when you’re meeting a friend at an office or the local electric company comes to read the meter.
- These are people who were not invited and have neither a right nor permission to be on the property. Generally, property owners do not owe a duty of care to trespassers.
If you’re hurt while legally on someone else’s property – no matter the type of business – then you likely have a claim for damages. You should report any injuries to the owners or managers but you should not discuss how the accident happened or make any statement (orally or in writing) about fault or liability.
If you can, take pictures or videos of the area where you fell, including any debris or liquid that might have caused your accident.
Who can be held liable in a premises liability lawsuit?
Often, it can be difficult to determine just who the owner of the property is. The owner may be a parent company. A tenant may have agreed to be liable for any accidents. A repair company may have been called in to fix a known problem, such as broken tiles, and failed to do so or did so incompetently.
Our Tuckahoe premises liability lawyers file claims against all responsible parties, including:
- Owners and any companies with an interest in the property
- Tenants
- Repair and maintenance companies
- Product manufacturers if a defective product caused your accident
- Other defendants depending on how the accident happened
What is the attractive nuisance doctrine?
The attractive nuisance doctrine says children of a certain age cannot be held responsible if they trespass on a property that has something appealing on it. Typically, that “something appealing” is a pool or trampoline or even the family dog, but it applies to anything dangerous that might appeal to children. (Notably, it does not include fences, gates, or walls.) As such, property owners can be held liable for injuries that a child sustains.
What is the value of my premises liability claim in Virginia?
It’s upsetting to be in pain when your injuries could have easily been prevented. At Phelan Petty Injury Lawyers, our Tuckahoe premises liability attorneys work with you, your medical providers, and your employers to understand the true extent of your injuries. When the negligence of property owners causes you harm, we demand compensation for all your current and future:
- Medical bills and expenses
- Lost income and lost benefits, including permanent disability compensation
- Physical pain and emotional suffering
- Scarring and disfigurement
- Loss of bodily function
- Loss of quality of life
- Punitive damages (when applicable)
The purpose of your damage claim is to place you in as comparable a position as possible to what your life was like before your accident. Our detailed demand letter starts the negotiation process with the insurance company. When a settlement offer is too low, we’re ready to try your case before a jury.
Call our accomplished Tuckahoe premises liability attorneys now
At Phelan Petty Injury Lawyers, we’ve handled numerous cases just like yours. Our Tuckahoe premises liability lawyers are respected across Virginia for our advocacy skills and our record of strong results. We’ll answer all your questions, guide you through the claims process, and fight for all the compensation you deserve. To schedule a free consultation, please call our offices or fill out our contact form. We handle injury claims on a contingency fee basis.