Portsmouth Premises Liability Lawyer

Click on the link below to connect with our legal team for a free consultation, we’ll respond within 1 hour during business hours. Or call us 24/7 at (757) 244-7000.

Injured on someone else's property? Don’t let negligence slide—get the justice you need.

David HoltSamantha Cohn
Legally Reviewed By
Stephen M. Smith
Stephen M. Smith
GET A FREE CONSULTATION
Senior woman falling down stairs, symbolizing the need for a Portsmouth premises liability attorney.Front of Smith Law Center building

You were injured on someone else’s property. Now you’re facing unexpected bills, time away from work, and wondering why no one fixed the hazard before it caused harm. 

Best Law Firm Badge

Smith Law Center has helped Portsmouth residents like you get back on their feet after a premises liability accident. We’ve taken on negligent retailers, landlords, and commercial property owners and won record-setting verdicts, including Virginia’s largest slip and fall award. 

When a property owner fails to take your safety seriously, a Portsmouth premises liability attorney from our team can step in while you focus on healing. Call (757) 244-7000 or reach out online.

Very good experience with Smith Law Center as a whole. Employees were professional, courteous, caring, and most accommodating. Entire processes were explained in detail along the way. The end results were very satisfying. Highly recommend Smith Law Center for your legal needs.”

— Shawn G. | Client

How Does Premises Liability Work in Virginia?

Property owners in Portsmouth don’t have free rein to ignore dangerous conditions. Whether someone runs a business, rents out homes, or owns a public space, the law expects them to keep those areas reasonably safe.

But, the legal responsibility depends on why the person was on the property—and what the owner did or didn’t do to fix a known problem. Here’s how the law divides those roles:

  • Invitees—people visiting for business reasons, like customers or delivery drivers. Property owners must regularly check for hazards, fix what they find, and warn people about unsafe conditions.
  • Licensees—social guests, such as friends or neighbors. Owners must warn them about known dangers but aren’t required to inspect for new risks.
  • Trespassers—people without permission to enter. Owners can’t intentionally create hazards but usually don’t owe much beyond that—except when a child enters and gets hurt by something dangerous, like an unsecured pool.

A premises liability attorney in Portsmouth can evaluate whether the property owner failed to meet their legal duties and whether the circumstances support a valid claim.

What Are Common Premises Liability Cases in Portsmouth?

Unsafe conditions in Portsmouth stores, rental homes, hotels, and public buildings lead to injuries every day. Property owners are expected to repair hazards, follow safety codes, and take reasonable precautions. When they don’t, people get hurt—and those injuries often could have been avoided.

Smith Law Center handles a wide range of premises liability cases, including:

  • Slip and fall accidents—on slick floors, uneven pavement, or damaged walkways in restaurants, convenience stores, and retail locations;
  • Fires and smoke-related injuries—in rental properties where missing smoke detectors or faulty wiring led to burn injuries or exposure to toxic fumes;
  • Dog bites and animal attacks—caused by unleashed dogs in neighborhoods, public spaces, or on private property where fences or restraints failed;
  • Swimming pool injuries—at hotels, apartment complexes, or rental homes where broken gates, missing signs, or lack of supervision created dangerous conditions;
  • Elevator or escalator malfunctions—in office buildings, shopping centers, or residential buildings due to skipped maintenance or ignored inspection issues;
  • Unsafe stairs, decks, and balconies—at restaurants, apartment buildings, and event venues where loose handrails, rotted wood, or corroded bolts led to serious falls; and
  • Negligent security—in parking garages, hotels, or apartment complexes where broken locks, no lighting, or lack of surveillance contributed to assaults or other crimes.

Survey data confirms that people who hire a Portsmouth premises liability lawyer are more likely to recover compensation than those who try to handle the claim without legal help. One reason is that attorneys know how to preserve key evidence like inspection logs, maintenance records, and security footage before it’s lost or unavailable.

Smith Law Center’s record reflects that work. A jury awarded $1 million to a client—a retired veteran who suffered burns during a fire in a rooming house with no smoke detectors. In another case, we secured a $1,000,000 policy limits settlement after a client fell on a wet, freshly cleaned concrete floor inside a fast food restaurant, suffering a mild traumatic brain injury.

Don’t let unsafe conditions go unaddressed. You may be entitled to compensation if you’ve been injured due to hazardous conditions on someone else’s property. Smith Law Center can help you determine if you have a valid claim and take the necessary steps to hold the property owner accountable.

Contact us today for a free case review with a Portsmouth premises liability lawyer. Call (757) 244-7000 or reach out online.

Do You Have a Portsmouth Premises Liability Claim?

Not every injury on someone else’s property meets the requirements under Virginia law to hold the property owner accountable. To assess whether you may have a case, ask yourself:

Was there a hazard that should have been fixed or marked?

Property owners are responsible for addressing hazards on their property to prevent harm to visitors. If an issue is identified, they must fix it or provide clear warnings, as long as it’s reasonably practical and within their control. 

This could include wet floors, broken steps, or missing safety equipment that could cause injury if left unaddressed.

Did that hazard directly cause the injury?

There must be a direct link between the hazardous condition and the injury. For example, if a person trips on a cracked sidewalk, the injury must stem from the fall caused by that crack. 

The injury must be connected to the hazard and not to a previous injury or pre-existing condition that could have contributed to the harm.

Was the injured person legally allowed to be there?

The individual must have had permission or a legal right to be on the property, such as a customer, tenant, or invited guest. Property owners do not typically owe the same duty to someone who is trespassing. 

There are exceptions—property owners may still owe a duty of care if the person is a child injured by an “attractive nuisance” or if the owner intentionally creates a dangerous condition that could harm even a trespasser.

Was the injured person completely free of fault?

Virginia’s contributory negligence rule means that even a small amount of fault on your part can prevent recovery. For example, if you slipped on a wet floor in a store but were running instead of walking, your actions could be considered part of the cause. 

However, the property owner can still be held responsible for the unsafe condition if negligence, such as failing to clean the floor or warning about the hazard, was the primary factor leading to your injury.

Answering these questions will help you better understand whether a property owner may be held responsible for the injury you sustained and whether you have a potential premises liability claim.

“Most people don’t think a slip, trip, or fall will change their lives. But when it does, it can feel like everything you know gets turned upside down—medical bills, lost work, constant pain. That’s when you need someone who understands the whole picture, not just the injury, and won’t let the people responsible off the hook.”

— Stephen M. Smith | Smith Law Center

Why Choose Smith Law Center for Your Portsmouth Premises Liability Case?

You go to stores, restaurants, and public spaces every day, trusting that the property owner is doing their part to keep things safe. But when that trust is broken and you’re hurt because of unsafe conditions, you need someone on your side who understands the law.

For over 75 years, Smith Law Center has worked with Portsmouth residents who were injured because property owners didn’t take the necessary steps to maintain a safe environment. Our firm has secured some of Virginia’s largest premises liability verdicts.

Here’s what we’ve achieved for Portsmouth clients:

  • $12.26 million for a slip and fall at a convenience store, which caused a mild traumatic brain injury.
  • $1 million for a veteran injured in a fire caused by missing smoke detectors in a rooming house.
  • $1 million for a restaurant slip and fall that led to a traumatic brain injury.

When you work with us, you can count on us to thoroughly investigate the details, gather the necessary evidence, and hold property owners accountable for unsafe conditions.

Talk to a Premises Liability Lawyer in Portsmouth Today

Property owners must reasonably ensure the safety of their premises. Whether it’s a damaged sidewalk, poor lighting, or a missing handrail, it’s the property owner’s job to prevent these hazards from causing harm.

Smith Law Center represents clients in Portsmouth who’ve been injured due to these very types of oversights. We understand the pain and frustration that comes with such injuries. Our team works to piece together what led to your accident, gather evidence to prove liability, and hold the responsible party accountable for unsafe conditions they allowed to exist.

Call (757) 244-7000 or reach out online to speak with a Portsmouth premises liability attorney. Your consultation costs nothing, and it’s the first step toward understanding how we can help you with your case.

Lawyers at Smith Law Center

About Smith Law Center

Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.

FAQs

FAQs

How long do I have to file a premises liability claim in Portsmouth?

Virginia law gives you two years to file a premises liability claim from the date of your injury. It's important to report the injury as soon as possible and gather any evidence that can prove the hazardous condition existed, including medical records, photos, and witness statements.

Can I hold a business responsible for an injury caused by a contractor on their property?

Yes, businesses can be held accountable for injuries caused by contractors, especially if the property owner knew about the hazard or failed to conduct regular inspections. The liability often lies with the property owner for not fixing the problem or securing the area where the injury happened.

What if the property owner says they didn’t know about the hazard that caused my injury?

Even if the property owner claims ignorance, they can still be held liable. Virginia law looks at whether a reasonable inspection could have revealed the hazard, how long it existed, and whether any steps were taken to prevent accidents before the injury occurred.

Do I need to pay anything upfront to hire a premises liability lawyer?

No, most premises liability lawyers, including those at Smith Law Center, work on a contingency fee basis. This means you only pay if you win the case, and there's no upfront cost for legal services.

Premises Liability Verdicts & Settlements

Jury awards $1,000,000.00 to Retired Veteran for Burns in Rooming House Without Smoke Detectors

Awarded:
$1,000,000.00
Summary:
HAMPTON, Virginia – Retired veteran suffers burns in fire in rooming house with no smoke detectors.
see More

Jury Awards Record Verdict – Largest Slip & Fall Verdict in VA history

Awarded:
$12,264,302.00
Summary:
HAMPTON, Virginia – Jury awards a record verdict against Miller Mart for mild traumatic brain injury from a slip and fall. This was the largest slip and fall verdict in Virginia history at the time.
see More