Under Virginia law, every property owner has a duty of care to keep their property safe for anyone invited to their premises. This applies to both residential and commercial properties. If a victim is injured because of a hazard while visiting the property, they may be entitled to financial compensation for the losses resulting from those injuries.
If you or a loved one has been injured because of a negligent property owner, it is important to speak with a Norfolk premises liability lawyer to find out what legal options you have. Call Shapiro, Washburn & Sharp to schedule a free and confidential case evaluation.
When the Property Owner Is a Friend
One of the most difficult types of premises liability cases to pursue is when the party who is at fault or liable for the accident is a friend or family member. Unfortunately, this happens more often than you would think. Let’s look at the following example:
Patty and John are hosting a party at their home. Their good friend Sally attends the party. As Sally walks up the stairs, her shoe gets caught on a loose tread on one of the steps, and she takes a horrible fall down the stairs. She sustains significant fractures, which result in thousands of dollars in medical expenses, including surgery, hospital stays, physical therapy, and medications. She is also unable to work during the recovery period.
Even though Sally is a close friend of the party hosts, she should still file a claim for all the financial losses her injuries have caused her to suffer. The claim is filed against Patty and John’s homeowner’s insurance. Banks and mortgage companies require customers to carry homeowner’s insurance while still paying off their mortgage.
Steps to Take If You Are Injured
If you have been injured at a friend’s home, you must report the incident to the property owner’s insurance company as soon as possible. If a victim waits too long to report an accident, it may give the insurance company ammunition to fight or deny the claim.
Under the best of circumstances, the owner of the property will readily give the victim the information they need about their insurance policy to file the claim. Unfortunately, even friends can be reluctant to have a claim filed against their policy. They may worry that their insurance premiums will increase because of the claim. If the issue becomes acrimonious, the victim may have no choice but to file a lawsuit to obtain that information. If this happens to you, one of our personal injury attorneys can help advise you on the appropriate legal options in this situation.
Negligence and Liability
Even if the homeowner readily agrees to give the victim their insurance information and agrees that the victim has a valid claim, the insurance company can still deny the claim. The burden is on the victim to prove that there was some type of negligence on the property owner’s part and therefore they are liable for the losses the victim suffered as a result of their injuries.
In the example used above, Sally tripping on a loose stair tread and falling down the stairs, Patty and John should have realized that the tread was loose and repaired it. However, the insurance company may try to shift blame onto Sally, such as questioning how much she had to drink at the party and insinuating that she fell because she was drunk. This is why even if you think there will be no issues with your claim, you should consult a personal injury attorney before speaking with the insurance company.
Call Our Personal Injury Law Firm for Help
Premises liability cases can be difficult to prove without the legal expertise of a Norfolk premises liability attorney. These cases can be complex and failure to provide sufficient evidence could result in a dismissal of the case by the court or a ruling in favor of the defendant (property owner).
At Shapiro, Washburn & Sharp, our legal team will provide a free case evaluation to determine what legal options you may have and how to proceed. Contact our office today to find out how we can help get you the financial compensation you deserve.
Our firm has been aggressively advocating for injured victims and their families for more than three decades and will work diligently to get you the financial compensation you deserve, like the $1.5 million settlement we negotiated for one client who suffered a permanently disabling electric shock injury in a hotel room.
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For over twenty years, Mr. Sharp's law practice has focused on serious personal injury claims, including traumatic brain injury and spinal cord injury claims. He also handles nursing home neglect cases and medical malpractice claims. Mr. Sharp has counseled numerous clients about the complexities concerning litigation of both pediatric and adult brain injury. Mr. Sharp has been awarded the AV Preeminent ranking by Martindale, the highly respected and widely utilized directory of lawyers throughout the world. AV Preeminent status is awarded only to those lawyers who achieve the highest level of success within the legal field and is a testament to the fact that a lawyer's peers and Judges rank him at the highest level of professional excellence. He has also been recognized as a "Best Lawyer" by U.S. News for personal injury, an accolade awarded to only a small fraction of lawyers. Mr. Sharp has also been recognized by Super Lawyers as one of the top personal injury lawyers in Virginia. This recognition is awarded only to those lawyers who have achieved the highest level of success and have been recognized by their peers as demonstrating the highest level of professional excellence.
