Evelyn M. Baker v. Wawa, Inc.

Norfolk, Virginia personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liability theory negligence theory.



Virginia premises liability law dictates the legal obligations of property owners and occupiers to maintain their premises in a reasonably safe condition and to avoid foreseeable injuries to visitors. Here's a breakdown of the key points:



Duty of care: Property owners have a duty of care to all lawful visitors, which means they must take reasonable steps to keep the premises safe from hazards. This duty varies depending on the type of visitor:



Invitees: These are people who come onto the property with the express or implied permission of the owner for the owner's benefit, such as customers in a store. Owners owe the highest duty of care to invitees, which means they must actively inspect the premises for hazards and fix them promptly.

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www.dorelawpllc.com

customer slipping and falling in a store

Licensees: These are people who come onto the property with the owner's permission but not for the owner's benefit, such as social guests. Owners owe licensees a general duty of care to warn them of any known dangers on the property.

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florinroebig.com

person slipping and falling at a friend's house

Trespassers: Owners generally have no duty to warn trespassers of dangers on the property, but they cannot intentionally injure them. However, there are some exceptions to this rule, such as child trespassers.



Breach of duty: To succeed in a premises liability lawsuit, the injured person must prove that the owner breached their duty of care. This means that the owner must have done one of the following:



Created the hazard that caused the injury

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dolanlawfirm.com

pothole in a sidewalk

Knew about the hazard but failed to fix it

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www.slipandfall.com

torn carpet in a store

Should have known about the hazard but failed to inspect the property for it



Proximate cause: The injured person must also prove that the owner's breach of duty was the proximate cause of their injury. This means that the injury would not have happened but for the owner's negligence.



Damages: If the injured person can prove both breach of duty and proximate cause, they may be entitled to damages for their injuries, such as medical expenses, lost wages, and pain and suffering.



Common examples of premises liability cases in Virginia:



Slip and fall accidents on wet floors or icy sidewalks

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www.exclusivelyinjurylaw.com

person slipping and falling on an icy sidewalk

Injuries caused by falling objects, such as defective ceiling tiles or collapsing shelves

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www.reddit.com

ceiling tile falling on a person in a store

Inadequate security leading to assaults or robberies

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www.thehour.com

robbery happening in a store

Swimming pool accidents

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www.edgarsnyder.com

person getting injured at a swimming pool

Dog bites



If you have been injured on someone else's property in Virginia, you should consult with a qualified premises liability attorney to discuss your legal options.



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Settled for an undisclosed sum and dismissed with prejudice.