Hampton Premises Liability Lawyer

Premises liability refers to property owners' responsibility to maintain a safe environment for visitors. If hazardous conditions like wet floors, poor lighting, broken stairs, or unmarked obstacles cause injury, the property owner may be liable.

If a property owner’s negligence has injured you or someone you love, contact The Smith Law Center online or call our Hampton premises liability law firm at (757) 244-7000. We stand by to listen to your story and help you begin the legal process.

“Attorney Howard Smith and the staff at Smith Law Center are top-notch. I appreciated the concern about my well-being as we went through the process of my case. It was helpful to be kept in the loop and updated on a consistent basis. There were no surprises, and I appreciate the direct manner in which my case was handled. Thank you for making me feel like I mattered.”

- Denise T. | Client

What Is Premises Liability?

Premises liability refers to the legal responsibility of property owners to maintain safe conditions on their premises. When property owners fail to do so, accidents and injuries may occur. However, with the help of a Hampton premises liability lawyer, you can hold them accountable.

Premises Liability Differs Depending on the Type of Visitor

Property owners have varying levels of responsibility depending on the type of visitor. In general, they are:

• Invitees
• Licensees
• Trespassers

Property owners only owe a duty of care to persons invited into their space for business (invitees) or social (licensees) purposes. However, in cases where they cause willful harm to trespassers, these visitors may also be able to file a legal claim.

Common Premises Liability Claims

In Hampton, premises liability claims focus on accidents caused by a property owner's negligence. Thus, lawsuits typically focus on these types of accidents that constitute premises liability:

• Slip and Fall Accidents: Slip and fall accidents happen when hazards like wet floors, uneven surfaces, or loose carpets cause injuries. Property owners are responsible for addressing these dangers. In 2020, Virginia reported 337,280 older adult falls.
• Inadequate Maintenance: Poorly maintained properties, such as those with broken stairs, leaking roofs, or malfunctioning elevators, can lead to injuries and liability claims.
• Inadequate Security: A lack of proper security measures, like poorly lit areas or unlocked restricted zones, can lead to harm, including assaults or robberies. Property owners may be liable.
• Swimming Pool Accidents: Property owners must ensure swimming pools meet safety regulations, including fencing and signage. Failing to do so can result in an accident.
• Dog Bites and Animal Attacks: Owners can be held responsible for injuries caused by their pets, especially if the animal has a history of aggression or if proper control measures are not in place.
• Falling Objects: Injuries caused by falling objects from improper shelving, stacking, or unsecured items may result in a premises liability claim.
• Fires or Explosions: Property owners must comply with fire safety codes. Failure to maintain safe electrical systems or take fire precautions can lead to serious injuries and liability.
• Toxic Exposure: Exposure to hazardous materials like mold, asbestos, or chemicals due to negligence can result in health risks and claims against property owners.
• Construction Site Accidents: Injuries at construction sites, such as those caused by falling debris, uncovered holes, or unsafe conditions, can make property owners or contractors liable.

When Premise Liability Impacts Your Family

Children are often more vulnerable in premises liability cases due to their inability to recognize hazards. The attractive nuisance doctrine holds property owners to a higher standard when it comes to dangerous conditions that may entice children, such as:

• Swimming Pools: Failing to install proper fencing or locks around pools can lead to tragic accidents.
• Playground Equipment: Broken or poorly maintained equipment can result in serious injuries.
• Construction Sites: Unsecured areas with heavy machinery or open pits can attract curious children and pose risks.
• Hotel Stays: Any of the above damages to infrastructure can put your family at risk while on vacation.

Property owners must take reasonable steps to secure these hazards and prevent children from accessing them. Failure to do so could result in liability for the resulting injuries.

A premises liability lawsuit can benefit you and your family by allowing you to sue for financial compensation. These funds can help your recovery, compensate for any income lost due to your accident, and provide financial support for the pain and suffering you endured.

Premises liability accidents, such as slips and falls, cause a third of Virginia's fatal occupational accidents.

How Liability Is Determined in Premises Liability Claims

To establish liability, a Hampton premises liability attorney must demonstrate the following:

• Duty of Care: The property owner or occupier must maintain reasonably safe visitor conditions. The level of duty may vary depending on the visitor’s status (invitee, licensee, or trespasser).‍
• Breach of Duty: The property owner or occupier failed to meet their obligation to maintain the property safely. This could include failing to fix hazards or warning visitors of known dangers
• Causation: The unsafe condition on the property directly caused the visitor's injuries. We must demonstrate that addressing the hazard would have prevented the accident.‍
• Damages: The injured party suffered losses, such as medical expenses, lost wages, or pain and suffering resulting from the incident.

Your Hampton premises liability attorney will argue for damages representative of the negligence contributing to your harm. We will gather evidence, such as photographs, witness statements, and medical records, to build a strong case on your behalf.

Contributory negligence plays an important role in premises liability cases in Hampton. This law means that if the person who got hurt is partly responsible for the accident, they may not be able to get compensation for their injuries. 

If you’re dealing with a premises liability case, an experienced Hampton premises liability lawyer can help explain the legal issues and determine who is at fault. Reach out to us online or call us at (757) 244-7000 to get started with your case.

Listen to Our Client Share Her Experience With The Smith Law Center

Watch as Lensei Harmon shares her story of how a slip-and-fall at her dentist's office turned into a battle for justice. With the help of The Smith Law Center, Lensei made sure the dentist took responsibility for the unsafe conditions that led to her injury. 

If you've been hurt due to unsafe conditions on someone else’s property, like in a store, a restaurant, or even at a doctor’s office, this video shows how a dedicated lawyer can help hold the responsible party accountable under premises liability laws.

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What Kind of Damages Are Available in a Hampton Premises Liability Lawsuit?

In a premises liability lawsuit, individuals may seek various types of compensation. The specific damages available can vary based on the nature and severity of the injuries and the applicable laws in the jurisdiction. In Hampton, compensation typically covers:

• Past and future medical damages: This includes costs associated with emergency treatment, medications, rehab, and more.
• Lost wages and loss of future earning capacity: These damages can compensate you for income lost due to the injuries you have sustained. This can include missed work days, reduced work hours, or the future inability to perform job duties.
• Pain and suffering: This intends to compensate the injured party for a reduced quality of life. The compensation may also encompass the healing process from the psychological distress resulting from the injuries and their aftermath.
• Property damage: If personal property, such as clothing or personal belongings, was damaged or destroyed during the incident, damages may be sought for repair or replacement.
• Punitive damages: In extreme or intentional misconduct by the property owner, these damages may be awarded to punish the responsible party.

If the accident resulted in the death of a loved one, you may be able to pursue a wrongful death lawsuit. These lawsuits seek to hold the responsible party accountable for the death and provide compensation to the surviving family members for their losses. In a wrongful death lawsuit, you may be able to recover for lost income, funeral, and burial expenses.

If you think you have a premises liability claim, consulting with our experienced Hampton lawyers can help you understand the full extent of the damages you may qualify for and guide you through the legal process.

Premises liability claims can quickly become overwhelming and confusing. Insurance companies often try to offer low settlements that don’t fully cover your injuries or losses. Navigating insurance claims and dealing with opposing parties can be stressful, time-consuming, and frustrating. 

Hiring an experienced lawyer can help ensure you are not taken advantage of and that you receive the compensation you’re fully entitled to. A skilled attorney will fight for your rights and handle the legal process from start to finish, giving you peace of mind. Contact The Smith Law Center online or at (757) 244-7000 to schedule your free consultation today.

How Can a Hampton Premises Liability Attorney Help With Your Case?

If you’ve been injured due to unsafe conditions on someone else’s property, a premises liability attorney can play an important role in ensuring you receive the compensation you deserve. Here’s how an experienced lawyer can help:

• Investigating the Incident: A lawyer will thoroughly investigate the circumstances of your accident. This includes collecting evidence, such as photographs, surveillance footage, witness statements, and property records, to establish that the property owner’s negligence caused your injuries.
• Proving Fault: Premises liability cases hinge on demonstrating that the property owner failed to address a known hazard or provide adequate warnings. Your attorney will build a compelling argument to prove fault, showing the owner’s negligence directly led to your injuries.
• Defending Against Contributory Negligence Claims: Property owners or their insurers may sometimes argue that you were partially at fault for your injuries. An attorney can counter these claims, ensuring you aren’t unfairly blamed and protecting your right to compensation.
• Calculating Damages: A lawyer will assess the full extent of your losses, including medical expenses, lost wages, pain and suffering, and long-term impacts on your quality of life. This ensures you seek a fair settlement or court award.
• Negotiating With Insurers: Dealing with insurance companies can be challenging. Your lawyer will handle all communications and negotiations to secure a settlement that reflects your injuries and losses.
• Taking Your Case to Trial if Necessary: If a fair settlement cannot be reached, an experienced attorney will be prepared to represent you in court, fighting for your rights before a judge or jury.

In partnering with a skilled premises liability attorney, you’re pursuing justice for yourself and helping to hold property owners accountable, making your community safer for everyone.

The Power of Having a Hampton Premises Liability Law Firm on Your Side

Not only can a lawyer handle these tasks for you, but studies show that having legal representation can dramatically improve the outcome of your case. 

According to a study by Martindale-Nolo, people who hired a lawyer for personal injury cases, like premises liability, received an average of $77,600 in compensation, which is far higher than the $17,600 average for those who represented themselves.