Torts

Question 1

Premises Liability

Answer 1

The legal responsibility of a property owner to keep their property safe for visitors.

Question 2

Premises Liability Classifications

Answer 2

The duty owed to a plaintiff for dangerous conditions on the premises depends on the plaintiff’s classification as an invitee, licensee, or trespasser.

Question 3

Invitee

Answer 3

An invitee is a person who enters the property for a business purpose or as a member of the public in response to an invitation by the property owner.

Question 4

Duties Owed to Invitees

Answer 4

The property owner owes an invitee a duty to maintain the premises in a reasonably safe condition and to warn the invitee of any unsafe conditions the owner knew about or should have known about.

• Duty to Inspect and Discover Hazards (reasonable steps, reasonable time)
• Duty to Remedy or Warn of Hazards
• No Liability for Unknown or Unforeseeable Hazards
• No duty to warn invitees of conditions that are open and obvious.

Question 5

Premises Liability Knowledge Requirement

Answer 5

The plaintiff must prove the owner’s actual or constructive knowledge of the dangerous condition.

This can be shown by evidence that the defect existed long enough to charge the owner with knowledge.

Question 6

Trespasser

Answer 6

A trespasser is someone who enters the property without the owner’s permission and without any expectation of being invited.

Question 7

Duty Owed to Trespassers

Answer 7

The property owner owes no duty to a trespasser regarding dangerous conditions, except to refrain from inflicting intentional or willful harm.

Question 8

Known Trespassers

Answer 8

If a trespasser becomes “known” to the property owner, the owner has a duty to warn the trespasser of highly dangerous artificial conditions that are concealed, provided the owner knew about the condition in advance.

Question 9

Contribution Among Tortfeasors

Answer 9

Virginia law allows a defendant to recover money paid to an injured party from other liable parties.

Question 10

Statute of Repose

Answer 10

Bars lawsuits for damages related to defective design, construction, or improvement of real property if the claim is brought more than five (5) years after the completion of the work. (This includes actions for contribution)

Question 11

Defenses in Virginia Premises Liability Cases

Answer 11

• Lack of Notice: The owner might argue they did not have enough time to discover or fix the hazard.
• Open and Obvious Doctrine: If the hazard was clearly visible and the invitee should have seen it and avoided it, the owner may not be liable.
• Contributory Negligence: Virginia follows pure contributory negligence, meaning if the invitee was even 1% at fault, they may be barred from recovering damages.