What is premises liability?

Man Slipping and Falling in an AirportPremises liability is a legal concept that can give you a right to compensation when a business or property owner fails to maintain their property in a safe condition or to post warning signs of a potential hazard, and you suffer injuries. Like other types of personal injury cases, it is based on the concept of negligence.

It is not enough that you suffered injuries on someone’s property at a business or that a hazardous condition existed for you to be entitled to compensation for your injuries. You must prove the following:

  • The property owner or business owed you a duty of care.
  • A dangerous condition existed on the property.
  • The property owner or business knew or should have known of the hazard but did not take steps to remove the danger or to warn you of it.
  • You suffered an injury because the property owner or business failed to act reasonably to prevent your accident.

Examples of Premises Liability Claims

There are many types of cases that fall under the legal theory of premises liability. Here are examples of some common ones:

  • Slip and fall accidents. One of the most common premises liability claims involves slip and fall accidents. Some dangerous conditions that lead to these accidents include defective flooring, wet floors, defective staircases, potholes and cracked asphalt, inadequate lighting, debris, and spilled food and drinks.
  • Inadequate security. Inadequate security claims often arise when landlords, other property owners, and businesses fail to provide proper security to guests and they are injured or killed by someone engaging in criminal activities. Failure to provide adequate locks or lighting are a few negligent actions that can give rise to a premises liability claim. When the owner knows of increased dangers of criminal activities on his property, he can face liability if he failed to provide additional security, such as security guards.
  • Swimming pool accidents. Because of the dangers to children when swimming pools are left unsupervised or unsecured, property owners are often required to have a fence, locked gate, or other means of securing the property. When they fail to do so, they can be liable if someone suffers injuries or dies in a tragic drowning. A property owner can also be found negligent for failing to repair defective handrails or steps leading into a pool, having a dangerous pool filtration system, or allowing slip and fall hazards to exist.
  • Dog bites. Dog owners have a duty to prevent their dogs from injuring other people. They can be liable to compensate a dog bite victim if they were negligent or under Virginia’s “one-bite” rule that holds an owner liable if the dog has bitten someone at least once in the past.

If you suffered injuries due to a property owner’s or business’s negligence in Norfolk, our experienced premises liability attorneys are here to help. Call our office to schedule your free consultation today to start learning about your right to compensation for your injuries.