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Free Personal Injury Consultations with our Fairfax Premises Liability Attorneys at Weiner Spivey & Miller, call 703-273-9500. As recognized leaders in personal injury law, we embrace dedicate our attorneys’ experience to advocate for the legal rights of our clients and their families.

Fairfax Premises Liability Lawyers

Premises Liability

Premises liability is an area of law that holds property owners legally responsible for accidents that occur on their property due to unsafe conditions. Premises liability laws are complex, so if you have been injured while on someone else’s property, you are encouraged to speak to a lawyer who can help you understand and protect your legal rights.

Common Injuries

In premises liability cases, injuries can range in severity from minor to catastrophic. Some of the most common injuries in premises liability accidents include head injuries, spinal cord injuries, broken bones, and burn injuries.

There are many types of premises liability injuries, ranging from relatively minor injuries to wrongful death. Whether a victim suffers a broken bone, a catastrophic injury, or the tragic loss of a loved one depends on the circumstances and cause of the injury. Regardless of the type of injury, if the accident was the property owner’s fault, the injured should hire an attorney as soon as possible to pursue the compensation to which he or she is entitled.

Relatively Minor Injuries

Some premises liability accidents may cause relatively minor injuries. Bruises, scrapes, lacerations, and broken bones will not likely cause irreparable or long-term damage, but they can be legitimate grounds for a premises liability case.

Catastrophic Injuries

Slip and fall accidents, amusement park accidents, animal attacks, and others catastrophes can leave victims permanently disabled or disfigured, forever changing the lives of the injured and their families. Catastrophic injuries cause severe damage physically and, often, emotionally and psychologically, often requiring intensive, ongoing medical treatment. Common types of catastrophic injuries include:

  • Brain Injury – Injury to the skull and/or brain because of an impact
  • Spinal Cord Injury – Damage to the spinal cord resulting in full or partial paralysis
  • Burn Injury – First, second, or third-degree burns resulting from exposure to heat, flame, corrosive chemicals, radiation, or electricity

Wrongful Death

About 5 percent of wrongful death claims in civil trials involve premises liability. Persons who survive the wrongful death of a loved one caused by a premises liability accident – whether it be an accidental drowning, gas explosion, fire, amusement park accident, or another disaster – can pursue compensation for their losses, pain, and suffering by contacting a wrongful death attorney.

Common Causes

Slip and fall accidents are among the most common causes of premises liability injuries, but there are many other common causes of premises liability claims, including animal attacks, assault, and accidental drowning.

Many times, when a person slips and falls and is injured, he or she assumes blame for the injury. However, there are some situations in which these types of injuries are the fault of the property owner, not the injured. By entrusting your case to an experienced premises liability attorney, you help to ensure that the cause of your premises liability injury will be properly and demonstrably attributed to the negligence of the property owner.

Slip-and-Fall Accidents

Slip-and-fall accidents occur when the ground or flooring is slippery or uneven, or when there are obstructions in a person's pathway. When the floor or ground is slippery, it can also pose a hazard to pedestrians. Ice, snow, spilled liquids, oil, and housecleaning liquids are among the substances property owners should monitor to prevent personal injury to visitors.

Other Causes of Premises Liability Injury

Other causes of injury can fall under the category of premises liability. Among these are:

  • Animal attack: A property owner who keeps an animal on his or her premises is responsible for keeping the animal from harming visitors or passers-by.
  • Burn injury: If a visitor is burned in a fire that could have been prevented by the property owner, the property owner may be held liable for the burn injury.
  • Assault: In cases of rape, assault, or battery that occur on someone else’s property due to lack of security, the property owner can be held responsible.
  • Gas explosions and exposure to toxic fumes: A property owner is responsible for maintaining an environment in which inhabitants are not exposed to unsafe gasses. When his or her failure to do so causes a gas explosion, accumulation of toxic fumes, or other hazard, he or she can be held liable for resultant injuries.
  • Faulty machinery: When a visitor is harmed by a defective product or machine on the property – for example, a defective forklift or amusement park ride – the property owner can be held responsible for any resulting injury.
  • Accidental drowning: Pool owners who do not take care to cover their swimming pool and take other protective measures can be held responsible for an accidental drowning in their pool.

Damages in a Premises Liability Claim

Victims injured while on another’s property may be eligible to collect premises liability damages, including medical costs, lost wages, pain and suffering, and perhaps punitive damages.

When a property owner fails to exercise reasonable care to prevent an accident from occurring on his or her property, he or she may be required to pay damages to anyone who is injured as a result. The compensation a victim obtains depends on several factors, including the type of personal injury, the total amount of insurance available, and the skill of the victim’s premises liability attorney. In general, victims can pursue compensation for medical costs, lost income and other losses, and pain and suffering associated with their injury.

Proving Fault in a Premises Liability Claim

The complexities of premises liability law can make it difficult to pursue a claim on your own, but an experienced lawyer can investigate your accident and preserve evidence to help prove fault in a premises liability claim.

Whether you have suffered a slip-and-fall injury, a burn injury, or any other type of personal injury on someone else's unsafe property, you must be able to demonstrate several things in order to have a legitimate premises liability claim: that you were injured, that the injury occurred because of a hazardous condition on someone else’s property, and that the accident occurred because the property owner was negligent in his or her duty to ensure your safety on that property. The laws pertaining to personal injury and liability are complex, and it is best to hire an experienced premises liability attorney who is intimately familiar with these laws.

Proof of the Injury

In cases of catastrophic injury, the damage is obvious. However, if your injury is less severe, or if it has healed since the accident, you will need to obtain proof (i.e. medical records, photographs, and witnesses’ testimonies) of the injury.

Proof of Hazardous Conditions

A hazardous condition may be created by water, ice, or snow, uneven or broken flooring, gaps in the floor, faulty lighting, unmarked stairways, and other conditions. Alternatively, it can be created by a defective product on the premises, as in a defective amusement park machine that causes an injury. Taking pictures of the scene of the injury and hiring a premises liability attorney to gather evidence are among the surest ways to prove that a premises is hazardous.

Proof of Negligence

A property owner is legally responsible for exercising a reasonable level of care to maintain safe premises, thus preventing injury to visitors. In most states, a “reasonable level of care” is determined by:

  • the circumstances under which the injured entered the property
  • the intended use of the property
  • whether the accident was foreseeable
  • whether the property owner took reasonable measures to prevent injury or warn visitors of potential hazards

When a property owner neglects his responsibility to maintain safe premises as defined by these guidelines, he or she can be held liable for any injuries that occur on that property.

If you've suffered injuries due to the negligence of others, you need knowledgeable and experienced Premises Liability Attorneys on your side.  The lawyers at Weiner, Spivey & Miller are recognized leaders in Premises Liability law.  We believe people who have been injured should have their questions answered so they can make good decisions. For a free consultation please contact the personal injury attorneys of Weiner Spivey & Miller at 703-273-9500 or send us an email at info@wsminjurylaw.com to learn if you have a personal injury case.

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Weiner, Spivey & Miller, PLC
10605 Judicial Drive
Suite B6
Fairfax, VA 22030
Phone: (703) 273-9500
Fax: (703) 273-9505
Toll Free: 1-877-611-0605
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