Virginia Private Property Premises Liability Lawyer

As defined by Virginia law, everything that is not public property is considered private property. Anyone on the property who is not a property owner is considered a visitor. Some examples of guests include invitees, permissive users, and trespassers.

An invited guest is someone who is on the property with the permission and/or actual or constructive knowledge of the property owner, and a trespasser is someone who is not.

If you have been injured due to another’s negligence, no matter the type of visitor you may be considered, it is imperative to consult with a Virginia private property premises liability lawyer as soon as possible. An experienced attorney can build a claim to help recover any available damages.

Expectation of Owners

Property owners are generally expected to keep their property free of dangers that are reasonably foreseeable for those who may come on their property for legitimate reasons.

The condition of the property, both obvious and not obvious, plays a very important role in a premises liability case.

Type of Property Involved

Virginia private property premises liability attorneys who practice premises liability cases regularly are going to take different strategies based upon what type of property the accident occurs on.

For example, the type of property has an impact on how the private property premises liability lawyer in Virginia will give notice, make a demand, and discuss it with the insurance company.

All of those elements would vary significantly whether the property is public, private or commercial. For example, in a private case, with the available insurance coverage will typically be a homeowner’s insurance policy.

In an apartment or condo case, the liability policy will be that of the commercial property owner. In a public space or a school case, it may fall under the Virginia Tort Claims Act.

Rights of the Owner

Anytime a property owner is served with a case, a property owner can defend themselves and challenge the suit. They can present their case in any way they choose.

They can present evidence in various areas of the case, including a defense of contributory negligence and any relevant factual evidence. Such a defense can be properly crafted using a seasoned private property premises liability lawyer in Virginia.

Contributory Negligence

If the person who was injured is at fault even 1%, then the doctrine of contributory negligence applies, and they will be barred from recovery even if the homeowner is also at fault. This is different from the rule in most other states, which is comparative negligence.

A visitor’s actions matter because contributory negligence is an absolute defense in premises liability. Such a defense can be efficiently argued using a Virginia private property premises liability lawyer.

Role of Landlords

Landlords have the same duties and responsibilities as private property owners. They may be modified by their leases and their specific laws of contractual obligation and rules of a statutory construction, but generally, property owners are treated the same whether or not they are private property owners or landlords.