As a guest on someone else’s property, you should expect a reasonable level of safety. Property owners can be legally liable for damages when they fail to address a hazard and their negligence causes an injury.

At Cooper Hurley Injury Lawyers, we are committed to seeking justice for injured Virginians. If you have been injured due to a property owner’s negligence, our Portsmouth premises liability lawyers can help you seek the compensation you deserve. Contact us today for your free case review.

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Why Choose Cooper Hurley Injury Lawyers for Your Portsmouth Premises Liability Case?

When you need a premises liability attorney in Portsmouth, Virginia, you deserve an attorney who knows the area and its businesses. Our experienced lawyers understand the legal landscape of Coastal Virginia and the responsibilities of property owners to keep you safe.

How We Advocate for You

We are here to fight for your rights, whether you were injured on private property or at a Portsmouth business, such as a hotel, restaurant, or grocery store. We provide personalized, client-centered service that keeps you informed at every step, from our first meeting to the day your case closes.

We fight for full and fair compensation in every case, whether we settle in negotiations or go to court. We understand when it’s important to go to trial and prepare diligently for your court date.

Results or No Fee

We have a strong track record of success in injury cases. Our premises liability case results include $400,000 for a hotel guest injured due to hazardous property conditions. We understand how to investigate, build, and win these cases, even when property owners or businesses deny responsibility.

We understand finances can be strained after an injury, so we work on a contingency system. There’s no fee unless you win, and consultations are always free.

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What Counts as a Premises Liability Case in Portsmouth?

A premises liability claim is a legal action against a property owner for injuries sustained on their premises. This covers a wide variety of scenarios, including:

  • Slip and fall accidents
  • Injuries from falling objects
  • Dog bites on private property
  • Accidents in parking lots or stairwells
  • Assaults due to negligent security 

The common thread is an injury that can be directly linked to a hazardous condition on the property and the owner’s failure to take reasonable precautions.

Residential and Commercial Property Injuries

While all property owners are responsible for maintaining safe premises, different rules exist for homeowners, landlords, and businesses. Liability depends on who is responsible for the property and whether they acted negligently.

For example, landlords must maintain common areas, such as stairwells, hallways, lobbies, and parking lots. However, if the incident occurred inside a tenant’s property, the landlord may not be liable unless they had previous knowledge of the issue and failed to address it.

Given the complexity of premises liability, plaintiffs benefit from having an experienced attorney. For instance, if a victim fell on a broken stair inside an acquaintance’s apartment, a lawyer would typically look for evidence that the tenant notified the landlord of the problem. The plaintiff may have a case if documentation shows that the landlord did nothing.

What You Need to Prove in a Premises Liability Case

Like any personal injury lawsuit, premises liability cases hinge on proof of negligence. Negligence is present if evidence shows the following elements.

  • The owner had a duty of care: The property owner must have a legal obligation to protect the plaintiff by taking reasonable precautions.
  • The owner breached that duty: The owner failed to correct or warn about a dangerous condition that they knew or reasonably should have known about.
  • The breach caused an injury: The plaintiff must prove that the property owner’s action or inaction led directly to the harm they suffered.

Presenting strong evidence is key to winning a Portsmouth premises liability case. Documentation such as witness statements, medical records, and photos of the scene can help you link your injuries to someone else’s negligence.

Timelines for a Case

Each state limits the time for a victim to file a personal injury lawsuit. Virginia’s statute of limitations is two years from the date of injury, with limited exceptions. 

If the statute of limitations passes and you have not yet filed, you will likely not be able to sue at any time in the future. It’s important to act quickly and contact an experienced Portsmouth premises liability attorney to protect your legal rights. 

Available Compensation After a Portsmouth Premises Injury

If you have a premises liability case, you may be entitled to recover damages for economic and non-economic losses. Economic damages cover out-of-pocket expenses, such as medical bills and lost wages. Non-economic damages compensate you for less tangible losses, such as pain and suffering. If you lost a loved one in a premises liability matter, you may also qualify to file a wrongful death case

In Virginia, you may be barred from bringing a death or injury case if you are found to share any fault, as the state follows the strict contributory negligence rule.

What You Should Do Now After an Injury on Someone's Property

If you have been injured on private or business property in Portsmouth, VA, it’s not too late to take action. 

  1. Report the Incident, Even After the Fact: Contact the property owner, manager, or business as soon as possible. Ask to submit a written report, even if the owner does not have an established incident procedure. This begins a paper trail that can help you document the accident.
  2. Seek or Continue Medical Attention: Medical records are key evidence in any personal injury case. Whether your symptoms have been present since the injury or appeared later, schedule an appointment to have a doctor examine you. You’ll need medical proof of your symptoms to claim damages.
  3. Document What You Can, Retroactively if Necessary: Preserve any evidence you have, including photos and names of witnesses. If you don’t have that information, consider returning to the scene to take pictures if it is safe. You may also be able to request security footage. Recovery journals can be helpful as well. Document your pain levels, additional symptoms, treatments, and time off work. This can help a lawyer value your claim.
  4. Avoid Speaking to Insurance Companies Without Legal Advice: Property and liability insurance companies often contact victims quickly after an accident. Expect them to want you to accept a low settlement or none at all. They can use anything you say to prove their side, so use caution when they approach you. Do not give recorded statements or accept offers without legal advice.
  5. Contact a Premises Liability Lawyer Promptly: Attorneys can investigate your case, preserve evidence, and protect your legal rights after a property injury. 

The insurance company’s goal is to protect its bottom line. Ours is to protect you. If you’re unsure whether you have a case, call us—consultations are free, and there’s no risk or obligation.

How Our Portsmouth Premises Liability Lawyer Can Help

Our premises liability attorneys in Portsmouth have the experience and resources to investigate your property injury scenario, including premises conditions and business history if relevant. We can gather evidence and source expert testimony to build your case and argue the defendant’s liability.

We handle all communication with insurance companies, including negotiations, and are ready to go to court if necessary. Whether you have a slip and fall case or any other premises liability matter, we’re here to help. 

Contact a Portsmouth Premises Liability Attorney Today

Being injured puts you in a vulnerable position, especially when you need to face down a property owner with a powerful insurance company behind them. Our attorneys are here to guide you through the claims process and fight for your rights.

Don’t face your injuries alone; let our team advocate for you. Call (757) 333-3333 or contact us online for your free case evaluation.

Find Out What Your Case is Worth

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