Virginia Premises Liability Lawyer

You were injured on someone else’s property. A fall in a grocery store, a fire in your rental unit, an attack in a parking garage where the lights had been broken for weeks. Now you’re dealing with medical bills, missed work, and questions about why the property owner didn’t fix the problem before someone got hurt.

Smith Law Center has helped injured Virginians hold negligent property owners accountable for over 75 years. We’ve taken on retailers, landlords, and commercial property owners across the state and secured record-setting verdicts, including Virginia’s largest slip-and-fall award of $12.26 million. We’ve recovered more than $1 billion for our clients through settlements and jury verdicts.

When a property owner fails to maintain safe conditions, and you’re injured as a result, a Virginia premises liability lawyer from our team can step in while you focus on recovery. Call (757) 244-7000 or reach out online.

Lensei Harmon’s Case

Lensei Harmon slipped at her dentist’s office after staff mopped the floor, but did not post warning signs. The resulting injuries impacted her ability to work and perform daily activities.

Smith Law Center uncovered records showing the office had received complaints about slippery floors before Lensei’s injury, but never addressed the problem. Watch Lensei's story here:

Types of Premises Liability Cases We Handle in Virginia

From falls in grocery stores to fires in rental properties, Smith Law Center handles premises liability cases across Virginia, including:

Slip and Fall Accidents

Wet floors without warning signs, cracked sidewalks, torn carpeting, broken stairs, and loose handrails in stores, restaurants, office buildings, and apartment complexes. Falls on these hazards result in fractures, head injuries, and spinal damage.

Negligent Security

Broken lighting in parking garages, doors that won’t latch at apartment buildings, hotels without working security cameras, and commercial properties in high-crime areas with no security presence. Property owners can be held liable for assaults and robberies that occur when basic security measures are missing.

Dog Bites and Animal Attacks

Aggressive dogs that escape through broken fences, gates that don’t close properly, and pets with known bite histories kept in areas where mail carriers, delivery drivers, and neighbors regularly pass. Attacks often result in permanent scarring, especially for children.

Swimming Pool Accidents

Pools without required fencing, broken gates, slippery deck surfaces, and missing safety equipment at hotels, apartment complexes, and rental homes. Drowning, near-drowning, and diving accidents happen when Virginia code violations go unaddressed.

Fires and Smoke Inhalation

Rental properties with faulty wiring, missing smoke detectors, and overloaded electrical systems where landlords ignore repair requests. Tenants suffer burns and smoke damage in fires that could have been prevented with proper maintenance.

Structural Failures

Rotting decks, corroded balcony bolts, crumbling stairs, and malfunctioning elevators in buildings where property owners skip required inspections. Falls from these failures cause severe injuries and sometimes death.

Toxic Exposure

Mold growth after flooding, carbon monoxide leaks from broken furnaces, asbestos exposure during renovations, and lead paint in older rental units may cause long-term respiratory damage and poisoning.

How Do I Know If I Have a Premises Liability Claim?

If you were hurt on someone else’s property, you may have a premises liability claim. But being injured on someone’s property doesn’t automatically mean the owner is liable. These are the five questions that matter most in a premises liability case.

Was the property actually dangerous?

There needs to be a real, recognizable hazard that put you at risk. Think wet floors with no warning signs, broken stairs, exposed wiring, an aggressive dog running loose, missing smoke detectors, or a crumbling structure. A scuffed floor or a slightly uneven sidewalk probably won’t be enough on its own.

Did the property owner know about the problem?

This is one of the biggest factors in any premises liability case. The question is whether the owner knew about the danger or should have caught it through basic upkeep. If a landlord received multiple complaints about a broken railing, or if a store’s maintenance logs show the same leak reported over and over, that’s strong evidence.

Were you allowed to be there?

Virginia law treats people differently depending on why they were on the property:

Customers, tenants, hotel guests, and business visitors are owed the most protection. The property owner has a responsibility to regularly inspect for hazards and address them promptly.

Social guests and others visiting with permission must be told about known dangers, but the owner doesn’t have to go looking for new ones.

Trespassers generally have very little legal protection. The major exception is children who are drawn to hazards, such as unfenced swimming pools.

Did the hazard actually cause your injury?

You need to show a direct connection between the dangerous condition and what happened to you. If you slipped on a wet floor and broke your wrist, that connection is clear. But if you tripped because you were scrolling through your phone and weren’t paying attention, the property owner is going to argue that the hazard wasn’t really the cause.

Could you be blamed for what happened?

Virginia has one of the strictest fault rules in the country, called contributory negligence. If the property owner can argue that you were even slightly responsible for your own injury, it could prevent you from receiving any compensation at all. Their attorneys will look for every reason to shift blame onto you: you should have seen the hazard, you ignored a warning sign, you weren’t being careful enough.

Our Virginia premises liability attorneys know how to push back against these tactics and fight for the compensation you deserve.

Understanding and Overcoming Common Defense Tactics

Property owners and their insurance companies will push back. They almost always do. Their goal is to pay you as little as possible, and they have a handful of go-to arguments to make that happen.

They’ll claim the hazard was “open and obvious” and that you should have seen it and avoided it. They’ll say you were being careless or argue that the owner had no idea the dangerous condition existed. And under Virginia’s contributory negligence rules, even one of these arguments sticking could cost you your entire case.

Smith Law Center investigates every claim thoroughly and prepares each case as if it will go to trial from the start.

“We’re always ready for trial. Sometimes to get it done, you have to fight harder.”

— David Holt, Partner, Smith Law Center

What Should I Do After Being Injured on Someone Else’s Property?

The steps you take after a property injury matter because evidence doesn’t last. Surveillance footage is often overwritten within days, property owners tend to fix hazards only after someone is hurt, and witnesses become harder to reach the longer you wait. Knowing what to do early on puts you in a much stronger position.

Get Medical Attention Right Away

Even if you think your injuries are minor, see a doctor. Go to the emergency room, an urgent care clinic, or your primary care physician. Medical records that connect your injury to the incident are critical. If you wait too long, the insurance company will argue that something else caused your condition.

Report the Incident to the Property Owner or Manager

Tell whoever is in charge: the store manager, the landlord, hotel staff, or the business owner. Ask them to document the incident in writing and provide you with a copy of any report they create. Write down the names and contact information of everyone you speak with.

Write Down What Happened While It’s Still Fresh

As soon as you can, record everything you remember. The time, the location, the weather, the lighting, and what you were doing right before you were hurt. Include the names of anyone who saw what happened. Describe the hazard in as much detail as possible.

Photograph the Scene and Your Injuries

Take multiple photos of the area where you were hurt, capturing the hazard from different angles. Photograph warning signs, or the lack of them. Take pictures of your injuries. If you’re able, return to the location and take more photos, as conditions can change quickly.

Hold On to Physical Evidence

Keep the shoes and clothing you were wearing. Save anything that was damaged in the incident, like eyeglasses, your phone, or a bag. These items can support your account of how the injury happened.

Stay Off Social Media

Insurance companies watch the social media accounts of people who file injury claims. A photo taken out of context or a casual comment about your weekend can be twisted to downplay your injuries or argue you don’t need compensation.

Talk to a Virginia Premises Liability Lawyer Before You Talk to Anyone Else

The property owner’s insurance company will reach out quickly, sometimes within days. They’ll ask for a recorded statement or push you to sign medical releases. Anything you say to them can be used to minimize or deny your claim. Before you respond to anything, talk to a premises liability attorney first.

If you were injured because a property owner ignored a known hazard or failed to maintain safe conditions, Smith Law Center can help. Call (757) 244-7000 to schedule a free case review with a Virginia premises liability attorney.

Who Can Be Held Liable for a Property Injury in Virginia?

Liability falls on whoever controlled the property and had the ability to fix the hazard. In many cases, multiple parties share fault.

Property Owners

Landlords, homeowners, and commercial property owners are primarily responsible for keeping their properties safe. That means regular inspections, timely repairs, and compliance with Virginia building and safety codes.

Property Management Companies

If a management company handles the day-to-day operations, including maintenance requests, repairs, and tenant complaints, it can be held liable alongside the property owner when they ignore hazards or delays necessary fixes.

Business Operators and Tenants

Businesses that lease space, such as retail stores, restaurants, and medical offices, are responsible for the condition of their portion of the property. That includes cleaning up spills quickly, repairing damaged flooring, maintaining proper lighting, and warning customers about temporary hazards.

Maintenance and Janitorial Companies

Third-party contractors hired to clean, maintain, or repair a property can also be liable when their work creates a dangerous condition. A freshly mopped floor with no warning sign, equipment left in a walkway, or a repair that doesn’t meet code are all examples.

Homeowners Associations

HOAs that manage common areas in residential communities, such as parking lots, sidewalks, pools, and clubhouses, have a duty to inspect and maintain those spaces. When repairs to shared areas are delayed, and someone is hurt, the HOA can be held responsible.

Government Entities

Cities, counties, and state agencies that own or control public buildings, parks, and sidewalks can sometimes be liable for injuries on their property. However, claims against government entities in Virginia are subject to shorter deadlines and strict notice requirements, making it especially important to act quickly.

What Are My Legal Rights After a Premises Liability Accident?

Virginia law protects people who are injured on someone else’s property. Here’s what you’re entitled to.

You have the right to seek compensation when a property owner’s negligence caused your injury. That includes medical expenses, lost income, pain and suffering, and any long-term effects the injury has on your life.

You have the right to investigate what happened. That can mean obtaining incident reports, surveillance footage, maintenance records, and witness statements. Property owners and insurance companies don’t always preserve this evidence voluntarily, which is why acting quickly matters.

You have the right to legal representation before speaking with an insurance company. You are not required to give a recorded statement or accept an early settlement offer, and in most cases, those early offers are far less than what your claim is actually worth.

And you have a deadline. Virginia gives you two years from the date of your injury to file a premises liability claim. If you miss it, you lose your right to pursue compensation, no matter how strong the evidence is. With the state’s strict contributory negligence rules, the earlier you involve an experienced Virginia premises liability attorney, the better positioned you’ll be to protect your claim.

What Compensation Can I Recover in a Premises Liability Lawsuit?

The compensation you’re entitled to under Virginia law covers the full impact of your injury: financial, physical, and personal.

• Medical expenses. Emergency room visits, hospital stays, surgery, diagnostic testing, medications, physical therapy, rehabilitation, and ongoing care. Your claim can include both what you’ve already paid and what you’ll need going forward.
• Lost income. Wages you missed during recovery, paid time off used for appointments, reduced hours, and the inability to perform your job the way you did before the injury. If your earning potential has been permanently affected, that can be included as well.
• Pain and suffering. Physical pain, limited mobility, permanent scarring or disfigurement, chronic discomfort, and the overall reduction in your quality of life. Virginia juries consider how severe your pain is and how long it’s expected to last.
• Emotional distress. Anxiety, depression, post-traumatic stress, trouble sleeping, and other psychological effects of the injury. Treatment records and expert testimony help support these claims.
• Loss of enjoyment of life. If your injury has taken away your ability to enjoy hobbies, sports, social activities, or time with your family the way you used to, that loss has value. The comparison between your life before and after the injury is what matters here.
• Property damage. Replacement costs for personal items damaged during the incident, including phones, glasses, watches, clothing, and assistive devices.

Traumatic Brain Injuries and Premises Liability

Among the damages listed above, some of the hardest to prove are the ones you can’t see. Traumatic brain injuries are a common example.

In a recent episode of the Cases for Causes podcast, Smith Law Center partner David Holt discussed how TBIs are frequently misunderstood and undervalued in premises liability claims.

Why Choose Our Virginia Premises Liability Law Firm For Your Case?

Smith Law Center has recovered more than $1 billion for injured Virginians. That includes Virginia’s largest slip-and-fall verdict and multiple seven-figure settlements in premises liability cases across the state.

$12.26 Million | Record-Setting Virginia Slip & Fall Verdict

Our client suffered a mild traumatic brain injury after a slip and fall at a Miller Mart convenience store. The fall caused lasting cognitive and neurological effects that significantly impacted daily life. We presented clear evidence of the injury’s severity and its long-term consequences. A jury returned the largest slip and fall verdict in Virginia history at the time.

$1 Million | Apartment Fire With No Smoke Detectors

A retired veteran suffered severe burns and smoke inhalation in a rental property fire. The building lacked working smoke detectors, despite state law requirements. Inspection records revealed years of violations. We secured the full policy limits.

$1 Million | Restaurant Fall Causing Traumatic Brain Injury

Our client fell on a wet concrete floor at a fast-food restaurant. The floor had just been cleaned with no warning cones or blocked-off area. She sustained a mild traumatic brain injury that affected her cognitive function and ability to work. The case settled for the maximum available under the defendant’s insurance policy.

Studies consistently show that injured people who work with an attorney recover significantly more compensation than those who negotiate with insurance companies on their own.

“The attorneys and staff are great to work with. They care not only about a successful recovery, but ensuring their clients know what options are available for protecting the recovery long-term.”

— A. Hook, Smith Law Center Client