Premises liability claims generally require proof that the owner/manager knew of a defect in the premises, failed to cure it, and that caused the injury. That proof comes through investigation and discovery of the case. Human factors may be a part of that. Slip and fall cases are a large part of premises liability claims.
Brien Roche is an experienced premises liability lawyer. He serves all of Northern Virginia, including Fairfax, McLean, Vienna, Burke, Annandale, Falls Church, Reston, Centreville, Manassas, Alexandria, Herndon, Arlington, and Loudoun County.
Property owners need to be aware of defects in walking surfaces and any change in elevation in the walking surface. In addition, during certain times of the day, a walking surface may have a glare effect. If there is a change in elevation there should at least be some warning of that change.
Suppose you are a tenant in a large apartment building. A series of crimes have been committed, causing serious personal injury to tenants and guests. In addition, the owner is aware of those crimes. However, the owner takes no steps to improve safety or to warn of the problem. If you are then injured due to a person coming onto the premises to commit a crime, you may have a claim. It would be based upon a negligence theory. That is, the property owner knew or should have known that there was a danger. However, the owner took no steps to correct or warn.
(703) 821-3740
Brien Roche has handled injuries for many others in trials. See why we’re the right choice for your injury case in Northern Virginia.
Snow and ice cases must be looked at from the point of view of reasonableness. That is, has the owner acted reasonably in terms of clearing the snow and ice. If the conduct is not reasonable, then that may be a basis for a negligence claim. An owner may wait a reasonable time after a storm is over before removing snow and ice.
As is true with any type of injury, there must be a prompt and thorough investigation. Some basic steps to be taken are:
Reasonable care is whatever a jury says it is. However, a textbook definition of reasonable care is the degree of care that a prudent person would exercise in that circumstance.