Virginia Beach Premises Liability Lawyer

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Unsafe property conditions can lead to serious injuries and legal claims.

David HoltSamantha Cohn
Legally Reviewed By
Stephen M. Smith
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Man helping woman after a fall, showing a Virginia Beach premises liability lawyer may be needed.Front of Smith Law Center building

Virginia Beach, one of Virginia’s largest cities, welcomes nearly half a million residents and millions of visitors each year. People frequent its many properties—shopping at Lynnhaven Mall, strolling the Boardwalk, dining along Atlantic Avenue, checking into oceanfront hotels, or renting homes in Sandbridge.

Most properties are maintained properly. When they are not, people can get hurt. Broken handrails left unrepaired, spills left on store floors without warning signs, and rental units with unsafe wiring are common examples of hazards that lead to serious injuries.

For 75 years, Smith Law Center has represented Virginia Beach residents and visitors who have been injured due to property owners' failure to maintain safe conditions. Our attorneys have handled claims against negligent retailers, landlords, hotel operators, and commercial property owners throughout Hampton Roads.

Significant results have come from this work, including Virginia’s largest slip and fall verdict. That $12.26 million jury award involved a client who suffered a traumatic brain injury after slipping on a freshly mopped floor with no warning signage.

If you were injured on someone else’s property in Virginia Beach, call (757) 244-7000 or contact us for a free consultation with a Virginia Beach premises liability lawyer.

A Client’s Experience After a Preventable Fall

Lensei Harmon explains what happened after a fall at a local business and how Smith Law Center handled her case.

What Is Premises Liability?

Premises liability refers to injuries caused by unsafe or hazardous conditions on someone else’s property.

Property owners and occupiers in Virginia have a legal responsibility to keep their premises reasonably safe. That responsibility includes inspecting for potential hazards, repairing dangerous conditions within a reasonable time, and providing clear warnings when a hazard cannot be fixed right away.

Property Owner’s Obligation Under Virginia Law

The extent of a property owner's care obligation depends on the legal relationship between the owner and the injured person. Virginia law generally places visitors into three categories.

Invitees are people who enter a property for a business-related purpose. This includes customers in a store, patients at a medical office, tenants in an apartment building, and hotel guests. Property owners owe invitees the highest level of care, which includes inspecting the property, correcting unsafe conditions, and warning about hazards that could cause injury.

Licensees are social guests, such as someone invited into a private home. Property owners must warn licensees about known dangers, but are not required to actively search for hidden hazards.

Trespassers typically receive the least legal protection. Certain exceptions apply, particularly when children are involved. If a child enters a property and is injured by a dangerous condition that was not secured, such as an unfenced pool, liability may still arise under the attractive nuisance doctrine.

What If I Was Partially at Fault?

Virginia also uses a strict contributory negligence standard. If an injured person shares even a small amount of fault for the accident, the law may bar them from recovering compensation entirely.

Insurers and defense lawyers often use that rule to deny otherwise legitimate premises liability claims, so it is important to develop a legal strategy early in these cases.

Examples of Premises Liability in Virginia Beach

Smith Law Center handles premises liability cases involving a wide range of unsafe conditions on property. Common examples include broken handrails, unmarked spills, unsafe walkways, electrical hazards, and poorly maintained common areas.

Injuries Caused by Unsafe Property Conditions

Smith Law Center takes on premises liability cases across every type of property in Virginia Beach. The range of hazards and locations we’ve seen includes:

  • Slip, trip, and fall injuries at grocery stores, retail shops, and restaurants along Virginia Beach Boulevard, Laskin Road, and Shore Drive;
  • Hotel and resort injuries at oceanfront properties along Atlantic Avenue and Pacific Avenue;
  • Vacation rental hazards in Sandbridge, Croatan, and the North End;
  • Apartment complex injuries in Kempsville, Great Neck, Princess Anne, and the Pembroke area;
  • Swimming pool accidents at apartments, hotels, and private residences;
  • Negligent security incidents in parking garages, hotels, and apartment complexes;
  • Dog bites and animal attacks; and
  • Fires and smoke inhalation caused by unsafe wiring or missing smoke detectors.

No matter where the injury happened or what caused it, the central question remains the same: did the property owner know about the hazard, or should they have known, and did they take reasonable steps to fix it or warn people about it?

Does the Type of Property Affect Your Premises Liability Case?

The type of property involved often affects how a premises liability case is evaluated.

Virginia Beach Locations Where We See Injuries Most Often

Virginia Beach covers nearly 500 square miles, and unsafe property conditions can exist anywhere in the city. Certain areas tend to generate more premises liability claims due to higher foot traffic, dense commercial development, or a large number of rental properties.

Locations where our clients have been injured include:

  • Retail stores, restaurants, and shopping centers near Lynnhaven Mall, Hilltop, Pembroke Mall, and Red Mill Commons;
  • The Virginia Beach Boardwalk and Oceanfront;
  • Apartment complexes in Kempsville, Great Neck, Salem, and Courthouse Estates;
  • Short-term vacation rentals in Sandbridge, Croatan, and along Shore Drive;
  • Medical offices and clinics;
  • Public parking structures at Town Center and along the Oceanfront;
  • Military housing and nearby rental properties close to NAS Oceana, JEB Little Creek–Fort Story, and Dam Neck; and
  • Community spaces such as churches, fitness centers, and recreational facilities.

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How to Determine Liability in a Premises Liability Case

To prove a property owner is responsible for an injury, you must show that a hazardous condition existed, the owner knew or should have known about it, and their failure to act caused the injury.

Our Virginia Beach premises liability lawyers builds premises liability cases by:

  • Securing surveillance footage,
  • Obtaining maintenance and inspection records,
  • Consulting safety and building code experts,
  • Documenting the full scope of harm, and
  • Identifying all responsible parties.
After a property injury, people often worry about medical bills piling up and time away from work. Smith Law Center helps injured people in Virginia Beach pursue compensation for those losses. (757) 244-7000 | Contact us online.

Types of Compensation Available After a Property Injury

A serious injury on someone else’s property can affect many parts of daily life. Emergency treatment, follow-up care, time away from work, and physical limitations during recovery often create financial and personal strain.

A premises liability claim may account for:

  • Emergency room visits, hospital stays, and surgery,
  • Ongoing medical treatment and rehabilitation,
  • Lost wages and reduced earning capacity,
  • Physical pain and changes to daily life, and
  • Damage to personal property.

Insurance companies often try to resolve premises liability claims early, before the full cost of an injury is known. Smith Law Center works to ensure you receive compensation that truly covers your needs, protecting your interests at every step.

Results Achieved by Our Virginia Beach Premises Liability Law Firm

Smith Law Center has a track record of holding property owners accountable when their negligence causes serious injuries. A few examples:

$12.26 Million | Slip and Fall at a Retail Store

A shopper slipped on a freshly mopped floor without warning signage, resulting in a traumatic brain injury. Our legal team took the case to trial and secured a record-setting $12.26 million jury verdict, the largest slip and fall award in Virginia.

$1 Million | Residential Fire with No Working Smoke Alarms

A retired veteran was burned in a rental property fire where smoke detectors were not working, and records showed ongoing safety violations. The case settled for the full policy limits, resulting in a $1 million recovery.

$1 Million | Trip and Fall at a Restaurant Entrance

A guest fell on a deteriorating walkway at a Williamsburg-area restaurant, a hazard that had been reported but not repaired. A safety expert confirmed the defect, and a $1 million recovery was secured.

A national survey by Martindale-Nolo found that individuals who retained a personal injury attorney recovered nearly three times more compensation than those who handled their claims on their own.

Steps to Take After Being Injured on a Property in Virginia Beach

The actions you take in the hours and days after a property injury can make a significant difference in whether you’re able to recover compensation later. Here’s what to prioritize:

  • Get medical attention right away. Even if the injury seems manageable at first, prompt medical care creates a documented link between the incident and your condition. Without that connection, insurers will argue the injury happened somewhere else.
  • Report the incident to the property owner or manager. Ask for a written incident report and keep a copy. If the property is a business or commercial space, a formal reporting process may be in place. Make sure it’s completed.
  • Write down what happened. Record the details while they’re fresh: the time, location, what caused the fall or injury, what the conditions looked like, and who else was present.
  • Photograph everything. Take pictures of the hazard, the surrounding area, your injuries, and any damaged clothing or personal items. If conditions change (a spill gets cleaned up, a broken step gets repaired), your photos may be the only record of what existed at the time.
  • Stay off social media. Insurers routinely review social media accounts for anything that can be used to undermine a claim. A photo, check-in, or comment taken out of context can be used against you.
  • Contact a Virginia Beach premises liability attorney. Evidence in property injury cases can disappear quickly. A lawyer can step in early to send preservation letters, request records, interview witnesses, and protect your ability to pursue a claim.

Why Virginia Beach Residents Trust Smith Law Center

Smith Law Center has served injured Virginians since 1949. For more than 75 years, we’ve handled premises liability cases involving unsafe retail stores, hazardous rental properties, poorly maintained commercial buildings, and negligent property managers throughout Hampton Roads, including Virginia Beach.

People choose Smith Law Center because of how cases are handled from the start. That includes:

  • Attorneys with decades of trial experience who approach every case with the expectation that it may be presented to a jury;
  • Early investigation and preservation of evidence;
  • Access to building safety experts, medical professionals, and economic analysts who can explain the extent of an injury; and
  • No upfront costs, with fees owed only if compensation is recovered.

Many of the people who reached out to our office were not planning to file a lawsuit. They are often looking for answers about how an injury happened and whether it could have been prevented. When a property owner ignores a known hazard, and someone is hurt, accountability becomes part of the process.

As Stephen M. Smith of Smith Law Center says:

“Every day is spent preparing for your case. Your goals become my mission.”

Our Virginia Beach Premises Liability Attorneys Can Help

Property owners in Virginia Beach have a legal obligation to keep their spaces safe for the people who use them. When that obligation is ignored, and someone is hurt, the law provides a path to hold the responsible party accountable.

Smith Law Center works with individuals and families across Virginia Beach who were seriously injured by conditions that should have been corrected. Whether you were hurt at a hotel on the Oceanfront, a store near Lynnhaven, an apartment in Kempsville, or a rental in Sandbridge, we can evaluate your case and explain your options.

Call (757) 244-7000 or contact us online for a free case review with a Virginia Beach premises liability lawyer.

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FAQs

Virginia Beach Premises Liability FAQs

I was injured at a Virginia Beach hotel while on vacation. Can I still file a claim even though I don’t live here?

Yes. Virginia’s premises liability laws protect anyone who is lawfully on a property, regardless of where they live. Hotel guests are considered invitees and are owed the highest standard of care under Virginia law. 

If a hazardous condition at the property caused your injury, you may have a valid claim. Smith Law Center can handle the case on your behalf even if you’ve already returned home.

How does Virginia’s contributory negligence rule affect my premises liability case?

Virginia is one of the few states that still follows pure contributory negligence. That means if the property owner can show you were even partially at fault for your injury, for instance, by arguing you should have noticed the hazard, they may try to block your entire claim. 

This makes early evidence gathering and legal strategy critical. An experienced Virginia Beach premises liability attorney can counter these arguments and protect your right to compensation.

The property where I was injured is managed by a company, not the owner. Who is liable?

In many cases, both the property owner and the management company can be held responsible. Virginia law looks at who had control over the premises and who was responsible for maintenance and inspections. 

Depending on the arrangement, liability may fall on the owner, the property manager, a maintenance contractor, or a combination of these. Your attorney can identify all potentially liable parties.

What if the property owner fixed the hazard after my injury?

Subsequent repairs do not erase liability. In fact, the timing of a repair can help establish that the property owner was aware of the issue. Virginia law has specific rules about how post-incident repairs are treated as evidence, and an attorney can advise you on how this applies to your case.

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Lawyers at Smith Law Center

About Smith Law Center

Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.

About Smith Law Center

Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.
Lawyers at Smith Law Center