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Premises Liability in Virginia

Injuries on someone else’s property? Virginia law depends on whether you were a trespasser, licensee, or invitee. Understanding the distinctions is key to your rights and potential recovery—or defending against a claim.

🚷 Trespassers

Landowners generally owe no duty of care to trespassers—unless:

  • The trespassing is so frequent that the owner should know and warn of hazards; or
  • The land contains a “dangerous instrumentality” accessible to children—like machinery or chemicals :contentReference[oaicite:1]{index=1}.

👥 Licensees (Social Guests)

For social visitors, landowners must avoid active negligence and warn about hidden dangers if:

  • The owner knows of the unsafe condition,
  • The licensee is unaware of it,
  • The owner fails to warn or make it safe :contentReference[oaicite:2]{index=2}, and most liability shields don’t apply if the landowner knowingly lets you onto the property.

🌟 Invitees (Public or Business Guests)

Invitees—like customers or the public—receive the highest protection. Landowners must keep the property reasonably safe, inspect for hidden hazards, and warn visitors :contentReference[oaicite:3]{index=3}.

⚖️ Exceptions & Limitations

Owners aren’t insurers, but they must act carefully. They owe no duty for obvious dangers, and statutes limit liability regarding recreational activities—unless gross negligence or a fee is involved :contentReference[oaicite:4]{index=4}.

How Doummar Law Can Help

Our attorneys represent both claimants and landowners. We’ll:

  • Assess your status (trespasser, licensee, invitee)
  • Investigate notice, hazard visibility, and landowner action
  • Gather evidence and work with experts on duty and negligence
  • Pursue settlements or defend at trial in Virginia courts

We also handle related matters like construction defect and HOA disputes, delivering full-spectrum real estate legal support.

📞 Call (757) 422‑0061 or schedule a consultation to evaluate liability or defense — and protect your rights.

📢 Address Property Safety & Liability Concerns

Whether you’re injured or a property owner, Doummar Law provides experienced guidance in premises liability matters.

Get Legal Help Today

Frequently Asked Questions

What defines a trespasser?

A trespasser is someone on property without permission—typically landowners owe no duty unless hazards are frequent or dangerous to children :contentReference[oaicite:5]{index=5}.

How do licensee and invitee differ?

Licensees visit socially and require warnings for hidden dangers; invitees, like customers, receive greater protection and property safety obligations :contentReference[oaicite:6]{index=6}.

Do landowners have to inspect?

Only for invitees. Owners must inspect and correct hidden dangers—or warn visitors—if they’re on premises for business or open to the public :contentReference[oaicite:7]{index=7}.

Are there exceptions to liability?

Yes—obvious hazards and recreational use (with no fee) are typically exempt unless gross negligence is involved :contentReference[oaicite:8]{index=8}.