Virginia residents may be aware generally of the concept that once they enter someone's property, they have the reasonable expectation that they will not get hurt on the property owner's property. This is why property owners spend time cleaning oil slicks and shoveling snow off the driveway-to ensure that they are creating the safe environment that they are legally responsible to. This concept is known as premises liability.
As the winter months progress, it becomes increasingly important that properties are maintained in a safe manner for users. In a community a few hours from the Roanoke area in a neighboring state, a woman recently brought a claim for damages against the owners of a shopping center parking lot asserting their negligence led to the injuries she suffered. The victim was shopping at the shopping center and while walking across the parking lot, she tripped and fell and suffered injuries including a broken leg. According to the woman's complaint, she tripped and fell on a large, broken and uneven section of the shopping center parking lot.
Premises liability law offers protection for victims injured by an unsafe property condition. A woman in a community several hours west of the Fairfax area has brought a claim for damages against Walmart following a slip-and-fall accident in one of their stores. The victim asserts that the negligence of the retailer led her to suffer serious injuries in a slip-and-fall accident. The woman filed the lawsuit based on her assertions that the retail super center failed to maintain safe premises and breached its duty of care.
Virginia residents may have heard of the tragic death of a young boy in Kansas following an accident at a waterpark there. A 10-year-old boy died following a ride on the Verrückt water slide at Schlitterbahn waterpark in Kansas City. Currently, it is unclear whether the injury was due to a lack of repair of part of the ride or other circumstances.
As summer approaches, Virginians will undoubtedly gather with friends and family at backyard pools. While these occasions are normally joyous, it is important to be aware of essential pool safety precautions and what can be done when a failure to abide by those safety measures results in harm.
Virginia property owners have a duty to keep their property safe. Unfortunately, this duty is not always complied with, and commonly, Virginians fall due to dangerous property conditions. When a Virginian is injured in a slip-and-fall accident on another's property, he or she may have a cause of action for a premises liability lawsuit.
When a Virginian is injured on another's property due to the negligence of the property owner, the victim may anticipate being able to recover financially from the negligent property owner via a premises liability lawsuit. However, when the property owner is the government, premises liability cases look very different.
The duty of care owed to a Virginian who is on another's property depends in part on why that individual was on the property owner's land. There are many reasons why a person may go on another's property, whether it is as a customer, an invited guest, or for recreational purposes.
When a Virginian enters the property of another, there is a reasonable expectation of safety. Unfortunately, this expectation is sometimes violated by unsafe situations such as slippery ice on a sidewalk or an oil spill on a driveway. These types of instances can leave victims with injuries that can severely impact their lives. There are legal options available for those who have been harmed in such ways, however.
When a Virginian is injured on another's property, he or she may expect that the homeowner will be held responsible for the unsafe or dangerous conditions that contributed to the injury. However, what happens if a person trespasses, was involved in an accident and suffered an injury? Does trespassing negate the homeowner's responsibility to maintain safe conditions on their property? Interestingly, no; a homeowner could still be liable for a person's injuries despite the occurrence of trespassing.