Virginia's nationally recognized personal injury attorneys at Kalfus & Nachman understand the complexity of establishing liability in an accident. Our seasoned attorneys help you understand how premises liability differs from personal liability in Virginia?
Before filing an injury claim, it is crucial to understand the kind of claim to be filed with the defendant's insurance company to ensure you recover fair compensation for your medical expenditures, pain and suffering, and other losses. Personal and premises liabilities are the two most prevalent types of liability assigned to a personal injury lawsuit. To submit your claim with the correct insurance carrier responsible for paying, you must first comprehend the premises liability claim and personal liability claim. Let's discuss how these liabilities affect the injured victim and the lawsuits that fit each type.
Describing Personal and Premises Liability in Virginia
- Personal Liability
Personal liability claims, unlike Premises liability, focus on the individual's negligence rather than the place where it occurred. It refers to instances in which a person is held legally liable for an accident or harm caused by their acts. In other words, a personal liability injury does not occur at a specific property, nor does it need to be due to the lack of reasonable care by the property owner. You can be held liable for your negligence resulting in injuries and property damage to the victim.
The victim is entitled to recover damages caused by a negligent person. The severity of the injuries, length of suffering, and property damage determine the compensation amount. Following economic and non-economic damages can be sought from the at-fault party:
- Present and future medical bills
- Past, present, and future Lost wages
- Pain and suffering damages
- Any household out-of-pocket expenses
- Rehabilitation and therapy costs
Dealing with insurance firms for compensation may be an upsetting and time-consuming affair since their primary aim is to delay or deny the claim. Having an effective legal representation may help you avoid the stress of making a personal injury claim and support your case to go forward smoothly.
- Premises Liability
Property owners and managers are legally obliged to maintain a reasonably safe environment for individuals who visit or reside on their premises under the legal concept of premises liability. Owners are responsible for regular inspection and warning against hazards or dangerous situations to keep the environment safe for visitors. If the owner is aware of the potential danger but refuses to fix it, they can be held liable for any resulting damages. You can file an injury claim or a lawsuit against the responsible property owner to seek compensation for your injuries and damages.
Accidents involving premises liability may happen practically anywhere, such as:
- Hotels
- Parking lots or garages
- Restaurants / cafes / diners
- Shopping areas
- Grocery stores
- Hospitals
- Sports arenas
- Neighbor's house
- Apartment building
These accidents can occur due to various reasons such as lack of security, insufficient lighting, broken structures, unmaintained faculties, harmful dangers, and other issues that the property owner or manager has not addressed. Some common causes encountered in our legal practice representing victims of premises liability claims are as follows:
- Slips and Falls
- Animal Attacks
- Negligent Security
- Swimming Pool Injuries
- Amusement Park Injuries
- Elevator and Escalator Accidents
- Toxic Chemicals in the Air
- Fires
There may be near-limitless scenarios leading to a premises liability claim. Therefore, it is in your best interest to hire a skilled attorney to assist you and your family regarding the settlement discussions or any subsequent litigation with the defendant's insurance company. Kalfus & Nachman's top-rated premises liability lawyers have decades of experience in successfully representing and handling a range of these cases.
Few Examples to Show the Difference Between Personal and Premises Liability
Grocery Store Accidents:
- If someone slips and falls in a grocery store because the staff failed to clean up a spill and warn about the danger, the grocery store owner is responsible for any injuries that occur as a consequence. Plaintiff can file a premises liability claim in such cases.
- In another scenario, if you are standing in the aisle and another person struck you with a grocery cart, causing injury to you, that person will be held liable for his negligent behavior. It will be a personal liability claim.
Swimming Pool Accidents:
- In order to prevent injuries, pool owners must maintain and repair the pool in a reasonably safe manner. Plaintiffs can file a premises liability claim if unsafe conditions such as open gates, lack of fencing, defective drains, or other negligence cause accidents and injuries.
- If you have a caregiver responsible for overseeing your kid around the swimming pool, and your child suffers a pool injury due to the caregiver's lack of supervision, the caregiver may be held accountable for the damages. The victim can initiate a personal liability claim in such an instance.
Check the link, how Kalfus & Nachman's skilled attorneys helped a family recover a significant settlement for negligence after a boy was hit in the eye by a bow & arrow. This example will also help you have a clear idea of how premises liability differs from personal liability in Virginia.
Virginia Personal Injury Lawyers- Help is Here
Contact an experienced personal injury attorney in Virginia as quickly as possible after the accident. The moments following an accident can be stressful and confusing, making it difficult to recall all the necessary steps needed to safeguard your legal rights. However, if you'll remember to take this one crucial step, it will help you pursue a personal injury claim in the best possible way.
Kalfus & Nachman attorneys have expertise in dealing with insurance companies. We never hesitate to put an aggressive fight to bring justice to the injured victims and obtain the maximum compensation they deserve. Call us for a free consultation today at 855-880-8163