Fredericksburg, VA Premises Liability Lawyer

Fredericksburg, VA Premises Liability Attorney

Whenever you enter somebody’s home or place of business, it should not be considered unreasonable to expect a certain degree of safety. You should never have to be worried that you might suffer a devastating accident because of the property owner’s negligence, but it does happen. If the property owner deliberately refuses to adhere to basic safety standards, you could pursue legal action with the aid of a Fredericksburg, VA premises liability lawyer.

What Exactly Is Premises Liability?

Premises liability cases occur when a negligent or unaware property owner or homeowner inadvertently causes someone on their property to be injured as a result of their inaction. An experienced Fredericksburg personal injury lawyer can evaluate the strength of your case and pursue legal action through the correct channels. Fighting against a business owner in a premises liability case can prove difficult, especially if you don’t have the right support.

Many different situations can lead to a premises liability claim. For example, if there is a clear and obvious spill on the floor at a grocery store, and it is not blocked off, or there is no sign posted, somebody could slip on that wet floor and hurt themselves. The property owner may then be considered liable for damages, as there was a hazard present that they made no effort to prevent. That is premises liability.

Statute of Limitations

If you decide to pursue a legal claim against a property owner for an injury you sustained on their property, it is important to adhere to Virginia’s statute of limitations for personal injury claims, which is two years. You will have two years from the date of your initial accident to:

• Establish grounds for your claim.
• Build a strong enough case.
• Collect the necessary evidence.
• Speak with a premises liability lawyer.
• File a claim to recover your damages.

If you cannot file your claim before two years have passed, there is a strong chance that your case will be dismissed outright, and you will no longer have any chance to pursue compensation for the damages you have suffered.

It can take a lot of time to build a strong case, so it is recommended that you start building yours as soon as possible. If you are concerned that you don’t have enough evidence for a case, talk to an experienced premises liability lawyer. They can evaluate your case, obtain further evidence, and represent you throughout your claim.

Proving Negligence

It may not be easy to prove negligence in a premises liability case, but it is vital to the success of your claim that you do so. To show how the accident that caused your injury was a direct result of the property owner’s action or inaction, you need to prove their negligent behavior. Establishing negligence requires time, patience, and perseverance. Even if you are wholly aware that the property owner didn’t warn you, proving it is different.

You must demonstrate the following:

• As a customer or a visitor who was legally on the property, you were owed an expected duty of care by the property owner.
• There was a hazard present on the property that posed a real danger to everyone there.
• The property owner knew about the hazard but took no steps to fix it.
• The owner’s failure to act is what led to your injury.

Fredericksburg Premises Liability FAQs

Q: What Is the Negligence Law in Virginia?

A: The negligence law in Virginia leans heavily into the concept of “contributory negligence.” Essentially, this means that the defendant in question must be totally, 100% responsible for causing the accident for the plaintiff to recoup any amount in damages. Contributory negligence is the strictest form of negligence law. If the plaintiff is even a little at fault for the accident, they cannot seek damages.

Q: Who Is Responsible for an Injury on Private Property?

A: Generally, the property owner is responsible for any injuries that occur on their property. If somebody is invited onto the property, the owner has a legal obligation to keep them safe and out of danger. If somebody is on their property illegally, such as a trespasser or a would-be thief, property owners do not have a legal obligation for their safety. If someone is injured on your property, you may be held responsible for compensating them for damages.

Q: What If I Want Compensation, But I Don’t Want to Hurt a Friend?

A: If you hurt yourself at a friend’s house and wish to seek compensation without harming your friendship, there is a way. It is important to remember that you may not be pursuing damages from your friend directly but rather through their homeowner’s insurance carrier. There is even a chance that your friend’s homeowner’s insurance rates won’t increase because of your legal claim against their policy. However, there are no guarantees.

Q: How Long Is a Builder Liable for Their Work in Virginia?

A: Generally, a builder is liable for their work in Virginia for at least five years after construction is completed. Five years tends to be the standard statute of limitations for construction-related legal claims. Even if a building defect is found years after construction has finished, the claim must be made within five years of the building’s completion.

Reach Out to an Experienced Premises Liability Lawyer Today

Property owners, business owners, and homeowners are expected to provide basic safety to everyone who legally comes onto their property. Anything that happens to you while on somebody’s property is largely their responsibility, within reason. Basic safety precautions are not unreasonable. Nevertheless, if you suffer an injury as a result of somebody else’s negligence, you have the right to take legal action against them to seek compensation.

The legal team at Whitlock Law, LLC, understands the kind of legal assistance you will need to pursue a claim for premises liability. We can build up your case, gather the right evidence, and make sure your interests are protected throughout. Contact us to schedule a consultation with a valued team member today.