Virginia landlords and apartment complexes have a legal duty to maintain safe conditions and comply with applicable building and housing codes. When the landlord fails to keep the premises free of hazards and a tenant or guest is injured in a preventable accident, the landlord could be liable for damages.
Apartment injury claims can be complex without skilled legal representation from a premises liability lawyer. Contact Cooper Hurley Injury Lawyers to speak with our team as soon as possible after your injury. Our experienced attorneys will help you prove negligence and claim compensation before the legal deadline expires. Contact us to schedule your free consultation now.
When Can I Sue My Apartment Complex for an Injury in Virginia?
Individuals injured in an apartment complex may claim compensation for damages in some circumstances, including when a landlord’s negligence led to their injuries. Under the Virginia Residential Landlord and Tenant Act, landlords must keep the premises safe and habitable. Failing to maintain those conditions could be grounds for a lawsuit.
If you were injured in an apartment complex, you may qualify to take legal action in the following scenarios.
Unsafe Common Areas
Landlords have the responsibility of keeping common areas in the complex clean and safe. Broken handrails or poor lighting in a stairwell are examples of hazards that could lead to an accident and injuries.
Hidden Dangers
Reasonably known dangers, such as slippery walkways or uneven flooring, must be clearly marked to avoid accidents and injuries. If the landlord fails to do this, a Virginia slip and fall lawyer can help you collect evidence to prove they are liable for damages.
Poor Repairs
Landlords must make timely, competent repairs to keep the premises fit and habitable. Unreasonable delays or substandard repairs after notice may constitute negligence if they cause an injury.
Inadequate Security
Virginia law requires landlords to provide and maintain working locks and other security devices as required by the Uniform Statewide Building Code requirements. Tenants who are injured due to inadequate locking devices could bring a claim for compensation.
Defective Equipment
You may be entitled to compensation if you’re injured by poorly maintained or defective electrical equipment, plumbing, ventilation, or elevators in an apartment complex. Landlords are required by law to keep this equipment in good working order.
Determining Who Is Legally Responsible
Identifying which party is responsible for your damages is the first step in suing an apartment complex for an injury. You must establish the elements of negligence before moving forward with your legal claim.
Examples of possible liable parties after suffering an injury in an apartment include:
- The landlord or property owner
- Contractors or vendors
- Maintenance company
- Other tenants in the complex
- The tenant of the unit in which you were injured
- Property management company
In many premises liability cases involving apartments, the landlord is negligent because they failed in their duty to keep the property reasonably safe and free of dangers. You’ll need to prove that the landlord owed you a legal duty, breached that duty, and that breach directly led to your injury and damages.
However, there are different considerations when determining who is legally at fault in common areas of the complex and inside tenant units.
Liability in Common Areas
Landlords must maintain clean and structurally safe common areas, which are defined as areas that are shared by two or more dwelling units in a multifamily premises. Because the landlord is responsible for this upkeep, they can be held liable when hazards are present and people are injured in these areas.
Liability in the Tenant’s Unit
While landlords have legal duties to the people in their apartment complex, tenants have responsibilities they must uphold, including:
- Complying with rules and regulations in the lease agreement
- Keeping their unit and premises they occupy clean, safe, and free of pests
- Notifying the landlords promptly of pest infestations
- Safely removing garbage, ashes, and other waste from the unit
- Keeping plumbing fixtures in the dwelling unit clean
- Using all utilities, facilities, and appliances in a reasonable manner
- Not destroying or damaging the property intentionally or negligently
- Preventing their dogs or animals from causing injuries to others
If a person is injured within a dwelling because the tenant did not comply with their duty to maintain the unit, the tenant may be liable for damages. Inside a dwelling, the landlord’s liability usually arises after timely notice of a defect and failure to repair within a reasonable time, or from negligent repairs or code violations that directly cause injury.
Types of Compensation You May Be Entitled To
Virginia injury victims who are hurt by another person’s negligence may bring a legal claim to recover economic and non-economic damages. Economic damages are your financial losses, while non-economic damages represent the physical and emotional suffering caused by your injury.
Examples of the types of compensation you may be entitled to include:
- Current medical expenses
- Cost of future medical care
- Lost wages
- Loss of future earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In rare cases, a court may also order punitive damages as a way to punish the negligent party for particularly egregious conduct. Virginia law caps punitive damages at $350,000 for personal injury claims.
Contributory Negligence and Apartment Complex Injuries
Virginia is one of the few states that applies a contributory negligence law, which can impact your ability to claim compensation in an apartment injury case. Under this law, an injured person who shares any fault for their own injury is barred from recovering damages.
A Virginia personal injury attorney can help you fight for compensation by collecting evidence, building your case, and preventing the insurance company from trying to blame you for your injury. Consult an experienced lawyer to see if you have a case and to get your questions about personal injury laws answered.
Understanding the Statute of Limitations for Accidents at Apartment Complexes in Virginia
The Virginia statute of limitations for personal injury is two years from the date of the incident. If you miss the deadline, you lose your right to claim compensation.
While the two-year deadline applies to most apartment injury claims, there are some exceptions, including:
- The injured person is a minor: The statute of limitations does not start until the minor turns 18 years old.
- The injured person is incapacitated: A judge may pause the deadline until the person regains capacity or a guardian can file on their behalf.
- Obstructions: The statute of limitations may be extended if a defendant directly or indirectly obstructs the injured person from filing a lawsuit.
Unlike some states, Virginia does not apply a broad ‘discovery rule’ to most injury claims; only narrow categories, such as certain medical-malpractice or asbestos matters, accrue on discovery. Because the correct deadline depends on specific facts, speak with an attorney promptly to avoid missing your filing window.
Trust the Team at Cooper Hurley Injury Lawyers
If you or a loved one suffered an injury in a Virginia apartment complex, you can hold the negligent party accountable for your financial losses and suffering. It’s important to act quickly to preserve crucial evidence and accurately identify your damages.
The Virginia attorneys at Cooper Hurley Injury Lawyers have the resources, experience, and dedication to take on complex cases involving apartment injuries. We have recovered millions of dollars in settlements and verdicts for our clients and are ready to help you demand the compensation owed to you. Contact us online or call (757) 333-3333 to get your free case evaluation now.
