When visiting a property, you expect that the property owner or manager has made provisions for your relative safety and security. When you slip on a wet floor or trip over an object that was carelessly left out, you may be left dealing with serious injuries and financial challenges.

Fortunately, with the help of our Charlottesville premises liability lawyer from MichieHamlett, you can seek compensation to help you recover. Our seasoned personal injury attorneys are ready to review your case and explain your options.

Accidents That May Qualify for a Premises Liability Case

Premises liability cases are typically triggered by certain types of accidents. These include:

  • Slip or trip and fall accidents involving slippery surfaces or hazards in walkways
  • Dog attacks and bites due to unrestrained or uncontrolled dogs
  • Assault and battery due to a lack of security
  • Swimming pool and drowning incidents
  • Incidents involving falling objects hitting guests
  • Playground accidents caused by defective or poorly maintained equipment
  • Electrocution from exposed wires or other equipment
  • Inhalation of toxic fumes leading to respiratory distress

Generally, if someone suffers injury while visiting a property, they may be eligible to bring a premises liability action against the responsible parties with help from a Charlottesville attorney.

Establishing Fault in a Premises Liability Claim

The basis of all premises liability cases is negligence. This refers to the failure of property owners to ensure that all approved visitors—and even certain trespassers—are reasonably safe while on their property. Before liability can be established, the legal status of the injured person on the property must be determined. In Virginia, there are three categories of guests: invitees, licensees, and trespassers.

Invitee Status

Invitees are the people who are allowed on the property grounds via the property owner or manager’s permission for the benefit of the owner, manager, or themselves, such as customers or clients visiting a business location. Property owners owe this category of visitors the highest duty of care.

Licensee Status

Licensees are allowed on a property by the owner or manager and are typically there for their personal benefit, not the owner’s or manager’s. Examples include salespeople, dinner guests, or people legally passing through the property to somewhere else. Property owners and managers have the second-highest duty of care to this category of guests.

Trespasser Status

Trespassers are individuals who are not invited onto a property but still enter it. They have no legal right to be on the property. As a result, the owner owes them the least duty of care. However, the owner or manager must refrain from causing them harm.

Only after establishing their legal status can someone bring a property injury claim against one or more parties, which tend to be the property owner, manager, landlord, and occupiers. Other possible parties are commercial businesses, maintenance personnel, or contractors operating on the property grounds. A Charlottesville attorney can help determine legal status and liability in a property injury case.

What Is the Attractive Nuisance Doctrine?

This doctrine provides legal grounds for certain trespassers to hold property owners responsible for injuries sustained on their property. The law specifically applies to children who are hurt on someone’s property due to an attractive artificial feature, such as a swimming pool, tree houses, or trampoline.

The basis of an attractive nuisance claim is a property owner’s failure to make the hazard safe for use or the presumption that they should have been aware of the dangers. This is a rather complex process that requires experienced legal representation from a premises liability attorney in Charlottesville.

Seek Help From MichieHamlett and Our Premises Liability Lawyers in Charlottesville

If you sustained injuries on a property due to the owner or manager’s negligence, you may be unsure what to do next. A Charlottesville premises liability lawyer from our team can help you explore your options to make the defendant pay for your injuries and losses. Call now for a free consultation to discuss your case.