Premises Liability Lawyers 

Our Attorneys Hold Property Owners Accountable for Their Negligence

We all have the reasonable expectation that a property—be it private, public, or commercial—is safe, and that if it isn’t, the property owner will let us know. Unfortunately, this common courtesy is often overlooked, with dire consequences. 

When an unsafe property causes someone a serious injury, the premises liability attorneys of Breit Biniazan fight back against those who could have prevented it. If you or a loved one were injured on someone’s property as a result of their negligence, our lawyers can help you navigate the difficult process of proving their liability and demand you receive fair compensation and legal justice.

Call the premises liability attorneys of Breit Biniazan at 855-212-8200 for a free case evaluation of your premises liability claim.

Contents

• What Is Premises Liability?
• Premises Liability Statute of Limitations 
• Damages You Can Receive
• Determining Liability for Premises Liability Cases
• Types of Premises Liability Cases We Handle
• Building a Premises Liability Case
• Choosing a Premises Liability Attorney
• Premises Liability FAQs

What Is Premises Liability?

Legally, a property owner of private, commercial, or public property is supposed to ensure their property is safe when others visit it. If it is unsafe, they must communicate this to any visitors. This responsibility is known as “premises liability.”

When a property owner fails in both these responsibilities and a visitor to their property is injured, the victim can file a premises liability claim. This law is intended to hold property owners accountable in maintaining their property and, when they fail to do so, make sure the victim has the financial support to weather the results of their injury. 

For example, if a grocery store employee mops the floors of the grocery aisles, they must put up a sign that alerts customers to the danger of the slippery floor. If they don’t communicate this to the customers and someone is injured, the injured party has a basis for a premises liability claim. 

Premises Liability Statute of Limitations

A statute of limitations refers to the amount of time a victim has to file a personal injury claim, like a premises liability claim, after the injury. In Virginia, plaintiffs have two years from the date of the injury to file a claim. While that might seem like plenty of time, it can take extensive research and time to gather evidence and build a premises liability case. 

That’s why we recommend contacting an experienced premises liability attorney, like those at Breit Biniazan, as soon as possible.

Damages You Can Receive in a Premises Liability Case

If you experienced an injury on someone else’s property, the repercussions are far more than simply physical. A strong premises liability case should take into consideration the other costs of your injury in order to ensure you receive the maximum fair compensation. 

Damages that can be received in a premises liability case may include:

• Medical expenses
• Hospital bills
• Costly treatments
• Lost wages due to time off from work
• Long-term lost earning potential 
• Emotional distress
• In some cases, punitive damages 

Determining Liability Premises Liability Cases

It should be easy to pursue a claim against those who wronged you, but that’s just not the case. The guilty party, especially if it’s a large corporation, will pull out all the stops to save themselves money and protect their reputation. 

In order to prove liability and hold the guilty party accountable, your premises liability attorney must prove the following: 

1. Duty of Care

As mentioned above, a property owner has a responsibility to maintain a safe property. This is called their “duty of care”—i.e., they have a duty to care for their property. 

The duty depends on the type of property they own, but every property owner has some duty to maintain its safety. But to pursue a premises liability case, this duty is the first thing your attorney has to prove. 

2. Breach of Duty 

The “standard of care” is the standard an owner must meet in maintaining their property. “Reasonable care” are the actions the property owner should take to do so. 

When property owners fail to take reasonable care to meet the standard of care for their property, they fail in their duty of care. This is legally defined as negligence and known as a “breach of duty.” This is the second fact that must be proven in a premises liability case. 

3. Causation 

Thirdly, your attorney must show that the defendant’s breach of duty directly led to your injury. This can be a sticking point for inexperienced lawyers, but the attorneys of Breit Biniazan know how to utilize testimony from industry experts in order to prove causation. 

4. Damages   

It is also necessary to prove that the guilty party’s breach of duty caused your injuries and that those injuries resulted in other losses, usually financial. Damages can be medical bills, lost wages, or pain and suffering, but your attorney must directly connect those costs to your injury.

Why & How You Entered the Property: Invitees, Licensees, & Trespassers

Proving duty, its breach, causation, and damages are standard in most personal injury cases. A premises liability case is further complicated by the need to prove your reason for entering the property. Depending on your role in the accident, you may or may not be able to pursue a case. 

Visitors are divided into three categories: 

• Invitees: Invitees are invited onto a property, either literally (for example, if you’re invited onto a property for a meeting) or implied (for example, there is an implied invitation for shoppers to visit a store). Property owners must either address any dangers on their property or communicate those dangers to invitees, otherwise they are liable for their injuries. 
• Licensees: Licensees also have permission to be on a private or commercial property, usually for reasons other than business. Similarly, property owners must either fix dangerous conditions or notify licensees about them or risk a premises liability case. 
• Trespassers: Trespassers, on the other hand, are not usually entitled to compensation via a premises liability claim. That’s because property owners are not required to keep their property safe for visitors who do not have permission to be there. However, if they intentionally endanger trespassers (such as through traps), they may still be liable. 

Contributory Negligence

It is also worth noting that if you had any role in the event that led to your injury, you may not be able to pursue a premises liability claim. That is because of a concept called “contributory negligence,” which takes the plaintiff’s role into account when determining liability. 

Even if you weren’t at all responsible for the accident that led to your injury, it’s very likely that the defendant will claim that you were. The premises liability attorneys of Breit Biniazan understand how to anticipate and prepare for these and other dirty arguments in order to ensure you receive a fair settlement.

Types of Premises Liability Cases We Handle

Slip & Fall Accidents

Also known as a “slip, trip, and fall” accident, a slip and fall accident occurs when you fall on someone’s property as a result of a defect. When this fall leads to a serious injury, like a brain injury, you can—and should—pursue a premises liability claim. 

Common causes of slip and fall accidents include:

• Unmarked wet floors
• Missing railings
• Icy sidewalks
• Broken steps
• Cluttered floors or walking areas
• Uneven flooring
• Improper signage

Negligent Security 

All businesses are expected to keep their customers safe, and for some businesses, like retailers, offices, apartments, and hotels, that means hiring security. Without security, visitors can be exposed to perilous situations, including theft, assault, or sexual assault. When businesses choose not to invest in these protections for their guests and someone is harmed, they should pay for their negligence. 

Retailer & Business Claims 

Commercial properties are almost inherently more dangerous than private or public properties. With sprawling lands and a range of hazards, from sharp metal fixtures to stacked boxes to defective machinery, property owners must be particularly diligent in protecting guests.

Unfortunately, that’s not always the case, and accidents often occur at commercial properties, including:

• Amusement parks
• Hospitals
• Hotels, motels, and bed & breakfasts
• Nursing homes
• Restaurants
• Boutiques
• Schools
• Office buildings
• Veterinary offices
• Medical offices
• Spas
• Salons
• Health clubs/gyms
• Factories/industrial buildings
• Retail stores

Other Premises Liability Cases We Handle

If you were injured on another person’s property and believe their negligence is to blame, regardless of the type of property, you should consider a premises liability case. Doing so not only helps you build a path forward, it holds the property owner accountable and helps prevent future accidents. 

Our attorneys can help with all manner of premises liability claims, including:

• Snow and ice accidents
• Porch or stair collapses
• Ceiling collapse
• Elevator and escalator accidents
• Swimming pool accidents
• Hotel accidents 
• Fires
• Water leaks or flooding
• Toxic fumes or chemicals
• Fire safety and building code violations
• Inadequate lighting
• Rental property injuries 

Building a Premises Liability Case

Successful premises liability cases demand a methodical, comprehensive approach to understanding your accident, its long-term effects, and the law, and that is only possible with the support of premises liability attorneys like those at Breit Biniazan.

To build a strong case, our lawyers will track down anyone who witnessed your injury and ask them for testimony. Their insight into the accident can corroborate your claim and prove that the property owner’s negligence directly led to your injury. 

Additionally, Breit Biniazan’s expert attorneys will revisit the scene of your accident. We’ll gather additional evidence and take photos to strengthen our case. We will also interview industry experts who can provide credible testimony that supports your claim. 

Breit Biniazan: Your Premises Liability Attorneys

At Breit Biniazan, we believe in taking responsibility for your actions. While we believe these property owners should pay for their wrongs, we don’t believe you should pay for them in any way. That’s why we operate on a contingency basis, meaning you don’t pay us anything until we win your case. 

In premises liability cases, victims often have to stand up to big corporations, and our attorneys aren’t afraid to do just that. We’ve fought—and won—cases against big-time retailers. 

Get started with your premises liability case by calling our expert attorneys at 855-212-8200 for a free, confidential case evaluation.

Premises Liability FAQs