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Premises liability cases can be confusing because you will often hear the term negligence involved. In general, a premises liability claim is going to be considered a type of negligence claim that arises from a condition on the real property and not from the negligent activity on the property.
Liability for negligence is a civil, not a criminal, matter. It is for the victim to prove that the defendant owed them a "duty of care", that that duty was breached, and that they have sustained either foreseeable harm or economic loss as a consequence of the negligence alleged.
Virginia law lists a variety of recoverable damages categories, including: Pain and suffering for the loss of a loved one and the loss of the decedent's companionship, comfort, guidance, and advice. Any loss of income from the deceased which surviving family members would rely upon.
Any accident caused by unsafe conditions on someone else's property can lead to a premises liability claim. Premises liability laws ensure that property owners maintain their duty of care towards visitors on their property and give you the right to seek compensation if their negligence leads to a serious injury.
A premises liability lawsuit holds a property owner responsible for any damages arising out of an injury on that person or entity's property. In all states, owners that occupy a property must make a reasonable effort to maintain a safe environment for visitors to it.
If someone carelessly harms your property through their negligence, you are able to pursue a tort claim to recover compensation for losses. In order to be successful in your case, you would need to prove: The acts or omissions of the person (or company) who harmed your property were below the accepted standard of care.
Fortunately, if the stairs were in violation of a building code or considered to be in a ?dangerous condition?, you can sue the landlord and/or the management company for injuries sustained as a result of falling off stairs.
In Virginia, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it must be filed within five years, ing to Code of Virginia section 8.01-243, which sets this time limit for "every action for injury to property."