What Is Premises Liability?

Suppose you enter a retail store and you’re injured by a falling shelf. Who is liable in such situations? Can you recover damages for your injuries?

To put it briefly, “premises liability law” holds property owners accountable for accidents and injuries that might happen to people who are on their property. This includes injuries occurring in businesses, homes, and other locations.

At first glance, this area of law might seem straightforward. However, premises liability is quite broad and covers a wide range of injury situations. It also contains several nuances that can make a simple accident claim complex.

If you or a loved one were injured while on another person’s property, you may be entitled to compensation for your losses. At Smith Law Center, we have decades of combined experience handling complex injury claims and holding the proper parties accountable for their negligence. We are currently the largest personal injury firm on the peninsula and one of the largest in the state of VIrginia.

Contact us at (757) 244-7000 to schedule a free consultation to learn more about your legal rights. We devote our full attention to ensuring each of our clients understands the options available to them.

What Types of Accidents Are Commonly Involved in Premises Liability Cases?

At its center, the main idea behind premises liability is holding a property owner liable for any accidents or injuries that occurred on their property. This can encompass a very wide range of accidents and injuries, such as those involving:

• Slip and fall
• Dog bites
• Swimming pool accidents
• Hotel injuries
• Deck collapse and other dangerous structures
• Negligent security
• Poor lighting
• Sharp objects
• Exposure to toxic substances

There are many other types of accidents that can fall under the category of premises liability. If you’ve been injured while on another person’s property, and are unsure of who needs to be held liable, you may need to contact a lawyer for advice and guidance.

At Smith Law Center, our attorneys have proven experience in determining liability for premises liability injuries, and holding the correct parties accountable.

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How Much Is My Premises Liability Lawsuit Potentially Worth?

The amount of damages that can be recovered in a premises liability will depend on several factors, including how severe the injury is, how much each party knew about the potential dangers on the property, and the injured person’s relationship to the property and property owner.

However, as in any personal injury lawsuit, damages or a settlement award in a premises liability claim can cover:

• Costs of hospital stays and medical treatment
• Expenses associated with therapy and rehabilitation
• Loss of wages and loss of future income
• Pain and suffering
• Punitive damages, if there was intentional conduct or recklessness involved
• In some cases, wrongful death costs

The types of accidents listed above can sometimes seem like everyday occurrences or minor incidents. However, even something as seemingly simple as a slip and fall case can involve serious injuries.

For instance, if the person hits their head after falling it could lead to traumatic brain injury, concussion, or other severe conditions. Or, if a heavy object falls onto a person, it could cause a spinal cord injury, leading to other serious complications. A skilled lawyer will be able to assess the injuries and properly calculate the damages needed to make the person whole again.

At Smith Law Center, our attorneys have proven experience in determining liability for premises liability injuries, and holding the correct parties accountable.

‍What Defines Negligence in Premises Liability?

Premises liability lawsuits are typically built on the legal concept of negligence. Negligence refers to situations where a person fails to exercise the reasonable care they are supposed to show others, with their failure causing injury to another person.

In a premises liability context, negligence usually takes the form of failing to take certain precautions, such as failing to repair a dangerous structure on their property. In order to prove premises liability based on negligence, it must be shown that:

1. The property owner owed a duty of care to the person on the property
2. There was in fact a dangerous or unsafe condition on their property
3. The owner knew of the dangerous condition, yet failed to fix or remedy it; and
4. The owner’s failure to prevent the accident caused the person’s injuries and measurable damages

So, as a broad example, suppose that a property owner knew that a staircase on their premises was about to collapse but did not take any steps to repair it. If someone uses it and gets injured by it collapsing, it may form the basis of a premises liability.

As will be shown in the following section, there are varying levels of duty and responsibility that the owner must follow, which depend on the nature of the visitor to the property.

Simply put, if you were injured while on someone else’s property, and you feel like they didn’t take the proper steps to ensure your safety, you may be entitled to recover damages.

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What Is an Example of Duty of Care in Premises Liability Cases?

What makes premises liability so complex is that the property owner owes a slightly different duty of care to visitors to their property, depending on several situational factors.

The idea is that based on whether the person was invited, and their purpose on the premises, the property owner may have more or fewer opportunities to fix any potentially dangerous conditions.

There are three basic categories of visitors, and a property owner owes a different level of care to each: