In Virginia, not every injury on someone else’s property qualifies for legal action—but many do, even if it’s not immediately obvious. If you’re injured, the legal outcome often hinges on the conditions surrounding the accident: Was the hazard open and obvious? Did the owner know about it? Should they have? And were you legally allowed to be on the property when it happened?
Our attorneys at Tronfeld West & Durrett understand the complexities behind these claims. Questions of liability depend not only on the facts of the incident but also on the legal status of the injured person—whether they were a customer, guest, or even someone without permission to be on the property. Each situation demands a tailored legal strategy, one that accounts for your rights as an injured person under Virginia’s unique premises liability laws.
How Our Virginia Premises Liability Attorneys Build a Strong Case
At Tronfeld West & Durrett, our process starts with investigating every element of your accident. Was the hazard hidden, ignored, or inadequately addressed? Did the property owner fail to follow the required safety protocols? These are the kinds of questions we answer by examining maintenance records, gathering surveillance footage, and interviewing witnesses. No detail is too small to overlook. Our history of proven case results is a testament to the value of our thorough approach.
When property owners and insurers push back, we push harder. With decades of experience in Virginia law, we know the tactics they’ll use to deflect responsibility, and we’re ready to fight back every step of the way.
What Are Your Legal Rights After a Premises Liability Accident in Virginia?
Your rights under Virginia law extend beyond immediate medical care—you’re entitled to pursue compensation for everything the injury costs you, from lost wages to emotional suffering.
Right To File A Claim
If you’ve been injured due to an unsafe condition, you can pursue a claim by proving the property owner knew or should have known about the hazard and failed to take action.
Right To Legal Representation
With experienced legal help, you can navigate complex claims and maximize your chances of securing fair compensation.
Right To Fair Treatment
You have the right to be treated fairly by insurance companies and during the legal process—no lowball offers or unnecessary delays.
At Tronfeld West & Durrett, we build a strategy tailored to your specific needs, ensuring you understand your rights and have a legal expert who will fight for them.
How to Prove Fault in a Premises Liability Case in Virginia
Proving fault in a premises liability case is a detailed process that requires showing more than just the occurrence of an injury. Virginia law places a responsibility on the injured party to establish that the property owner’s negligence directly led to the accident. Our attorneys focus on four critical elements to prove fault effectively:
- Duty of care: Property owners have a legal obligation to maintain safe conditions for those lawfully on their premises. However, the duty owed varies depending on the visitor’s legal status. Invitees, such as customers, are entitled to a higher duty of care, whereas trespassers receive minimal protection, primarily against intentional harm.
- Knowledge of the hazard: Liability often hinges on whether the property owner knew—or reasonably should have known—about the hazardous condition. If a hazard existed long enough without being repaired or addressed, this suggests negligence.
- Failure to correct or warn: Demonstrating that the property owner failed to repair the hazard or provide sufficient warnings, such as signs or barriers, strengthens the case. Even temporary warnings, if inadequate, can indicate negligence on the part of the owner.
- Direct causation of injury: Establishing that the hazard directly caused your injury is crucial. The defense may argue that other factors—such as your own behavior—contributed to the accident, and Virginia’s strict contributory negligence laws could bar recovery if you are found even slightly at fault.
To prove these elements, your premises liability attorney will gather essential evidence, including witness statements, maintenance records, photographs, and expert testimony. Surveillance footage, inspection logs, or previous citations related to unsafe conditions can further demonstrate negligence.
Common Types of Premises Liability Cases – Determining Fault in Virginia
Successfully determining fault requires a detailed investigation into the property conditions, the actions of the property owner, and how the injury occurred. Below are some common examples of premises liability cases we handle at Tronfeld West & Durrett:
- Slip and fall accident: These are among the most frequent types of premises liability claims. Wet floors, icy sidewalks, uneven surfaces, or loose rugs can cause dangerous slips. Establishing negligence requires proving that the property owner failed to address or warn about the hazard in a reasonable time.
- Dog bites: Depending on the circumstances, a property owner may also be held liable if the attack occurs on their premises. Our attorneys carefully analyze each case within the framework of Virginia dog laws, ensuring victims can pursue appropriate compensation.
- Swimming pool accidents: Property owners with pools are responsible for ensuring that all safety measures—such as fencing, proper signage, and secure gates—are in place. Failure to provide a safe swimming environment could result in liability for injuries or drownings.
- Inadequate maintenance: Hazards such as broken stairs, malfunctioning elevators, or poorly lit areas often arise from a lack of proper maintenance. Proving fault involves showing that the property owner either knew or should have known about the issue but failed to fix it or provide adequate warnings.
Types of Compensation You Can Recover in a Premises Liability Case in Virginia
The compensation available in a premises liability case is intended to cover both the financial and emotional costs of the injury. Below are the primary categories of damages:
Economic Damages
- Medical expenses: This covers hospital stays, surgeries, rehabilitation, medications, and any future medical care needed due to the injury.
- Lost wages: Victims can seek compensation for lost income, including future earnings and benefits like promotions or bonuses that were missed because of the injury.
- Home or vehicle modifications: Injuries that lead to disabilities may require costly modifications, such as wheelchair ramps or vehicle adjustments.
- Rehabilitation costs: For victims unable to return to their previous jobs, compensation may cover vocational training or therapy to help them regain skills.
Non-Economic Damages
- Pain and suffering: This includes compensation for the physical pain endured as a result of the injury and any long-term discomfort.
- Emotional distress: Injuries can take a significant toll on mental health, leading to anxiety, depression, or trauma, all of which are considered in compensation.
- Disfigurement: Victims may receive compensation for any permanent changes to their appearance caused by the injury.
Our attorneys work closely with clients to assess all potential damages, ensuring that no aspect of their recovery is overlooked. We build comprehensive claims to secure fair compensation for both economic and non-economic losses.
Statute of Limitations for Premises Liability Cases in Virginia
In Virginia, the statute of limitations for premises liability claims is two years from the date of the injury, as set out in Virginia Code § 8.01-243. This means that if you do not file a lawsuit within two years, you may lose your right to pursue compensation, regardless of the severity of your injuries.
There are limited exceptions to this rule, such as cases involving minors or situations where the injury wasn’t immediately apparent. However, these exceptions are rare, and it’s crucial to act quickly to protect your legal rights. Our attorneys ensure all paperwork is filed within the necessary deadlines, giving you the best chance at recovering the compensation you deserve.
Contact a Dedicated Virginia Premises Liability Lawyer – Decades of Experience at Your Service
With over 50 years of experience handling personal injury claims in Virginia, we have the knowledge and resources to pursue maximum compensation on your behalf.
Our firm offers a free consultation to evaluate your case and provide clear guidance on your next steps. We don’t charge any fees unless we win your case. Contact us today to schedule your consultation and explore how we can help you recover the compensation you deserve. Contact us now to get started.