Injuries on private property can lead to questions about whether the owner is responsible. It depends on several factors, including the circumstances and the condition of the property.
What is premises liability?
Premises liability in Virginia holds property owners accountable for keeping their property safe. This applies to both public and private property, but the level of responsibility varies depending on the type of visitor. Property owners must ensure their property is free of hazards that could harm others.
Types of visitors and responsibility
Virginia law classifies visitors into three categories: invitees, licensees, and trespassers. Invitees are people invited onto the property for business, like customers at a store. Property owners owe invitees the highest level of care. Licensees are people allowed on the property for non-business reasons, like friends. Owners must warn licensees of known dangers. Trespassers are people on the property without permission, and property owners owe them the least care but must avoid harming them on purpose.
Proving negligence
To hold the property owner responsible, you need to prove they were negligent. This means showing that they didn’t maintain a safe environment or ignored a hazard. Examples include not fixing a broken step or not having adequate lighting. You must also show the owner knew or should have known about the danger.
What to do after an injury
If injured on private property, get medical help, even if the injury seems minor. Take pictures of the scene and note any details about what happened. If possible, get the contact info of witnesses. Report the injury to the property owner or manager, but avoid admitting fault.
In Virginia, you have two years to file a personal injury claim after an injury. Act quickly if you think you have a case.
