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The Standard of Care for Premises Liability in Virginia

In premises liability or slip and fall cases plaintiffs are categorized in three ways under the law: trespasser, licensee and invitee. The standard of care owed by a proprty owner depends on which category the plaintiff falls under.

• 1. A trespasser is a person who enters upon a property without the owner's knowledge or consent. Owners owe trespassers no duty of care unless the trespassers are children and the owner has either actual or constructive knowledge that children are frequently present on the premises.
• 2. A licensee is someone who enters upon the owners land with their permission for their own benefit. Social guests and solicitors are examples of licensees.
• 3. Finally, invitees are those persons who enter upon the owners property for the benefit of the owner or the mutual benefit of both parties. Visitors to stores and shops are classic examples of invitees.

The standard of care owed by an owner to an invitee is that of "ordinary care". Ordinary care requires that the owner maintain the premises in a reasonably safe condition to prevent invitees from exposure to hazardous conditions. More specifically, ordinary care requires the owner to remove foreign objects and liquids from the floor, be sure the premises is sufficiently lit, and adequately warn invitees of any dangers conditions.

To be successful in a premises liability case the plaintiff must first prove that the owner had either actual or constructive knowledge of the hazardous condition. Constructive knowledge exists when an owner is not actually aware of the dangerous condition but should have been aware of the dangerous condition. To prove constructive knowledge a plaintiff must prove that the hazardous condition existed for an unreasonable amount of time. Also, the plaintiff must prove that a reasonable person using ordinary care should have foreseen that the condition created a foreseeable risk of danger.

If you have been injured because someone else failed to keep their premises safe from hidden dangers, then you should contact an experienced personal injury attorney. A knowledgeable attorney will guide you through the legal maze of premises liability law and get you the compensation you deserve.