McLean Premises Liability Lawyer
Whenever someone opens up their property to lawful visitors, they take on an implicit legal duty to ensure their land is reasonably safe and free of non-obvious hazards that could conceivably cause harm to those visitors. If someone fails to live up to this obligation, they could bear financial liability under state civil law for any injuries and losses stemming from their reckless or careless conduct.
This does not mean, though, that it is a simple matter to hold a landowner accountable for an accident on their property, especially if you attempt to do so without a personal injury attorney’s support. If you want the best chances possible of a favorable case resolution, you should prioritize speaking with a McLean premises liability lawyer about your rights and options under your unique circumstances.
How Visitor Type Impacts Property Liability
The most significant element of premises liability claims that differentiates them from other types of personal injury litigation is the fact that landowner liability for injuries to property visitors varies depending on the reason that visitor is on their land. Notably, property owners and managers in Virginia owe no duty of care at all to individuals who are trespassing on their land without permission, so long as they do not knowingly and intentionally injure that trespasser through traps, manufactured hazards, or any other means.
Conversely, property owners are obligated to warn “licensees”—people on their land for their own financial benefit, like landscapers and independent contractors—of all hazardous property conditions that they are aware of. However, if a licensee gets hurt due to a hazard that the property had no actual or constructive knowledge of, the property owner may not bear civil liability for that licensee’s ensuing losses.
Finally, property owners owe “invitees” who are visiting for the owner’s financial benefit the highest duty of care, as they must demonstrate “ordinary care” by warning these visitors of hidden hazards and inspecting their property regularly for dangers they are not yet aware of. A McLean property liability attorney could be a crucial resource regarding what circumstances may or may not allow for civil litigation against a negligent property owner.
Could Contributory Fault Completely Prevent Recovery?
While premises liability claims are nominally distinct from other types of personal injury cases, they are still subject to many of the same rules and legal precedents as other forms of civil litigation. Perhaps the most impactful of these is the “pure contributory fault” system that Virginia courts follow, which is much harsher than the “comparative negligence” systems that most other states adhere to.
In McLean, a person who bears any amount of fault at all for causing or worsening their own injuries is ineligible to recover any civil compensation whatsoever for ensuing losses, even if someone else—a property owner or manager, in this case—still bears most of the total liability. Assistance from a knowledgeable premises liability lawyer in McLean can be essential not just to proving defendant fault, but also to disproving allegations that an injured party bears any blame for the damages they sustained.
A McLean Premises Liability Attorney Could Help
Whether it involves a slip on an unmarked spill, a trip over broken floor tiles or boards, an impact injury from a falling object, or any other dangerous situation, injuries sustained on someone else’s land make for uniquely challenging civil recovery efforts. Even if you have valid grounds for litigation, you may run into substantial trouble navigating around Virginia state laws and legal precedents without support from knowledgeable legal counsel.
A seasoned McLean premises liability lawyer could be the ally you need to effectively pursue the restitution you deserve. Learn more by calling today.
