When attorneys look at a Richmond premises liability case, defining and identifying the requirements to bring a claim is something that needs to be done. Fortunately, this is something attorneys can do. You do not have to worry about navigating the legal system with an attorney at your side. Reach out today to start your civil liability claim.
Premises liability cases involve an incident that occurs where a person is injured on the property of another due to some condition or hazard existing on the property.
A licensee is someone who has the consent of the landowner or the land possessor to enter the land. The individual is doing so for their own convenience or benefit rather than for any commercial purpose. The most common example of a licensee is a social guest, somebody who comes over to another individual’s house to visit.
When defining a Richmond premises liability case, the determination of a case’s validity depends on the class of the individual who was injured. A licensee is one of the three classes. The highest class in terms of what makes a better premises liability case is the invitee class. For example, commercial businesses open to the public would regard people who enter the store for the purpose of commerce as invitees. That is where most premises cases arise. A licensee is not regarded as the same as an invitee. Licensees have permission or consent from the landowner to enter the premises for their own benefit. Finally, a trespasser is someone on a property without the permission of the landowner. Trespassers are owed little in terms of a duty of care by the landowners.
These three types of classes determine the status of the person who was injured. Different rules apply to each of the different classes. The highest duty of care is owed to invitees, the middle is licensees, and the lowest duty is owed to trespassers where there is almost no chance of ascribing liability except under unusual circumstances.
The most significant difference in premises liability is that Virginia follows the doctrine of pure contributory negligence. If the plaintiff was negligent on their own and that contributed to their injury, they are unable to recover anything from the defendant.
In premises liability, if someone trips and falls over an extension cord that should not have been laid across a grocery store, the individual could be found liable because they were negligent for not seeing the cord. That is the biggest difference in terms of trial practice between premises liability and other personal injury cases.
If you have been harmed by a property owner’s negligent upkeep of his or her land, you need to consider retaining the services of an attorney. Defining a Richmond premises liability case and determining whether you have a valid claim can be done with an attorney’s help. Reach out today to start your confidential consultation.