Premises Liability

Premises Liability Attorneys Serving Southwest Virginia and Northeast Tennessee

Property owners throughout Southwest Virginia and East Tennessee have a legal obligation to maintain safe conditions for visitors. Under the law, owners and occupiers must take reasonable steps to identify and fix dangerous conditions—or, at a minimum, provide adequate warnings to prevent injuries.

While some hazards are obvious, many dangerous conditions arise without warning. In many cases, premises liability injuries are the result of negligence, meaning they could have been prevented if the property owner or manager had taken proper precautions. A property owner may be considered negligent if they knew—or reasonably should have known—about a hazardous condition and failed to correct it or warn visitors.

If you or a loved one has been injured on someone else’s property in Southwest Virginia or East Tennessee, it is important to speak with an experienced premises liability attorney. At Mark Hurt Law Firm, we handle a wide range of property-related injury cases and work to protect your rights from day one. Contact us today for a free consultation to discuss your legal options. Mark Hurt Law Firm, we are experienced in premises liability injury cases and can ensure that your interests are protected. Call us today to schedule a complimentary consultation to learn about your legal options for pursuing compensation.

What Is Premises Liability?

Premises liability is a legal concept that typically comes into play in personal injury cases. It refers to a landowner’s or occupier’s potential legal responsibility for sustained injuries resulting from unsafe property conditions. These cases exist in nearly every commercial or residential structure, such as offices, private homes, restaurants or bars, apartment complexes, parks, or government buildings.

Because laws can vary by state, it is important to consult with an attorney familiar with both Virginia and Tennessee premises liability standards. In general, to recover compensation, an injured person must prove:

• The person responsible for the injuries owned, occupied, or leased the property.
• A dangerous condition existed on the property
• The defendant knew or should have known about the condition
• The defendant failed to fix or warn about the hazard
• The injury was directly caused by that failure

How Much Does a Premises Liability Lawyer Cost?

At Mark Hurt Law Firm, we represent injury victims on a contingency fee basis. That means:

• No upfront fees
• No retainer required
• We only get paid if we recover compensation for you

We also advance litigation costs while your case is ongoing, so you can focus on recovery not legal bills.

What Types of Premises Liability Injuries do You Handle?

At Mark Hurt Law Firm, we have over three decades of experience helping injured victims recover from injuries. We have recovered millions in personal injury cases and have experience with nearly every type of premises liability case, including:

• Structural Collapses
• Slip and Falls
• Drownings
• Staircase Accidents
• Poor Construction
• Building Code Violations
• Electrical Hazards

What Type of Care Does a Property Owner Owe to Guests?

Landowners owe varying types of care depending on the classification of guests they are hosting. There are three basic guest statuses:

Invitees

Invitees are individuals who enter a premise upon the owner’s invitation. Property owners have the highest amount of duty to protect public or business invitees. For example, customers at a store are invitees because the owner expects them to visit for shopping. Alternatively, calling an electrician to repair faulty wiring at your home makes them an invitee as well. Owners must inspect their property and provide a warning about any hazards to invitees.

Licensees

A licensee is a person who enters a property with the permission or invitation of a landowner; however, the intent of their visit is for personal reasons. For example, if you visit a friend at a rental beach house or during a family dinner at their home, you are a licensee. Licensees can include relatives, friends, and other social visitors. Landowners or occupiers must ensure that the licensees visiting their property are reasonably safe. This means they must maintain and fix any hazardous areas on the premises; however, unlike invitees, they are only liable for dangerous conditions of which they are aware.

Trespassers

A trespasser is an individual who enters a property without permission. Typically, they are not owed reasonable care unless they are children. However, you are still partially responsible for their safety, as trespassers may be able to hold a property owner liable if they can prove they were there unintentionally or purposely injured by a landowner (in some cases). But, there is no obligation to warn a trespasser of known dangers.

What Are the Most Common Dangerous and Negligent Property Conditions?

There are many possible potentially dangerous conditions on a property that can cause injuries. The following are a few common examples:

• Wet or slippery floors
• Tripping and falling
• Structural deficiencies
• Swimming pools
• Unsafe stairways
• Unsafe Elevators or Escalators

What Are the Most Common Injuries Suffered In Property Accidents?

Although many premises liability cases seem minor, many individuals suffer injuries that can have far-reaching repercussions. Some of the economic and non-economic costs include:

• Lost Wages. A victim may be entitled to compensation for lost wages due to missing work because of an injury, as well as compensation for decreased future earning potential.
• Pain and Suffering. Physical and emotional pain suffered as a result of a premises injury typically will be compensable.
• Physical Injuries and Medical Treatment. Any medical bills incurred due to a debilitating injury, such as surgeries, doctor’s visits, physical therapy, rehabilitation, prescription, and future medical care is recoverable.
• Wrongful Death. When a property owner’s negligence results in death, the victim’s family may be entitled to file a wrongful death lawsuit for their losses, such as lost income, funeral and burial costs, loss of consortium, and pain and suffering.

Why Hire a Premises Liability Attorney?

When you hire Mark Hurt Law Firm, we can help you navigate your premises liability claim from start to finish. Firm-founding attorney Mark Hurt can gather relevant evidence and present a valid argument against the property owner or occupier. Further, the following are a few additional benefits of hiring our Tennessee premises liability lawyer:

• A Premises Liability Lawyer Understands Your Rights. Many Americans are unaware of their rights, so they often do not have the necessary knowledge of the law to argue their case successfully. When it comes to premises liability claims, the law can be rather complicated, which is why hiring a premises liability lawyer can boost your chances of obtaining a favorable outcome for maximum compensation.
• A Virginia and Tennessee Premises Liability Attorney Can Ask The Right Questions. If you have an experienced lawyer working on your case, they can ask the necessary questions after acquiring relevant evidence from witnesses (if any), video of the incident, and medical reports.
• Attorney Mark Hurt Can Handle Insurance Negotiations. Dealing with insurance companies can be both challenging and emotionally taxing. Once an insurance company reviews all evidence, they typically will make a settlement offer. However, insurers are generally interested in getting rid of claims as quickly as possible for as little as possible. Thus, the initial offer is typically significantly lower than what is due. When you hire our firm, we can help develop a solid negotiation strategy and communicate on your behalf with insurance companies.
• Mark Hurt Law Firm Hurt Can Help You Seek Maximum Compensation For Your Injuries. Self-represented victims often settle for low amounts because they are unaware of the full value of their injuries. As a personal injury lawyer with over three decades of experience, Mark Hurt can help you seek maximum compensation by calculating all the economic and non-economic damages of your injuries, including costs like lost wages or pain and suffering, which people often overlook.

Call Mark Hurt Law Firm to Find Out If You May Have a Valid Premises Liability Claim.

Undoubtedly, the legal process of a premises liability case can be complicated and overwhelming, especially when an individual sustains injuries and possible disabilities.

If an insurance company rejects your claim or does not offer just and fair settlement, then we may be able to bring a lawsuit in court in seeking the compensation to which you are rightfully entitled. Call our office to schedule a complimentary consultation. We can review the facts of your case, explain your legal options, and fight tenaciously to hold all responsible parties accountable.