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 that our personal injury attorney handles.
Brien Roche is an experienced Tysons 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.
Call a Tysons Premises Liability Attorney to Learn About the Duty of Property Owners
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. Schedule a consultation with a Tysons premises liability lawyer today.
Frequently Asked Questions
I slipped and fell on black ice – Do I have a case?
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.
I was injured on someone else’s property – what should I do?
As is true with any type of injury, there must be a prompt and thorough investigation. Some basic steps to be taken are:
- Take photos of the unsafe condition and surrounding area as soon as possible
- Prompt examination by an engineer or other specialists
- Interview of pertinent witnesses
What is “Reasonable Care”?
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.
I was injured on public property – Can I file a claim?
If you were injured on public property due to a dangerous condition, you might be able to obtain compensation. You first need to identify who owns the property. If the property is owned by the state of Virginia, then you need to keep in mind that claims against the state of Virginia are governed by the Virginia Tort Claims Act and you need to comply with the notice and statute of limitations requirements. If the property is owned by the federal government, you need to comply with the Federal Tort Claims Act. If the property is owned by a local government, then that local government may be immune absolutely from suit. Whether that local government is immune may depend on their status. In addition you may be able to make a claim against the government employee, again depending on the status of that individual.
