A hidden property hazard can lead to a premises liability claim if it causes an injury and the property owner did not take appropriate steps to correct the dangerous condition or give adequate warning to visitors. Some hazards are difficult to notice until someone slips, trips or falls. Under Virginia law, property owners generally owe lawful visitors a duty to use reasonable care to maintain the premises in a reasonably safe condition and to warn of certain hidden dangers.
What counts as a hidden property hazard?
A hidden hazard can be a dangerous condition that a visitor might not notice before they get hurt. These hazards can exist in businesses, apartment buildings, parking lots and other properties that are open to visitors such as:
- A loose handrail that appears secure
- A damaged step hidden by poor lighting
- Rotting deck boards covered by outdoor rugs
- Uneven pavement concealed by leaves or debris
- A hole in a walkway that is difficult to see
- Flooring that gives way because of hidden water damage
A property owner might not always be responsible for every injury that happens on their property. Whether there is a legal claim or not often depends on the facts associated with the injury. Some facts include whether the owner was aware of the hazard or should have found it through reasonable maintenance.
What to do after an injury
When a hidden hazard appears to be the reason for an injury, the steps taken afterward can make a difference in a premises liability claim. Photos of the hazardous condition, witness information, incident reports, and medical records may help establish how the accident happened and the injuries that resulted. Because dangerous conditions can be repaired or removed soon after an incident, documenting the scene as early as possible can help preserve important evidence.
Virginia follows a strict contributory negligence rule. If an injured person is found to be even partly responsible for the accident, recovering compensation might not be possible. Whether a property owner is legally responsible often depends on the specific facts, including the condition of the property, whether the hazard was hidden and whether the owner took reasonable steps to address the danger or warn lawful visitors.
