Civil Liability for Property Damage, Death, or Injury Near Waterfront Property

One commonly asked question regarding waterfront property ownership is the extent of civil liability for property damage, injuries, 或在该物业附近或附近的水道发生死亡.  The answer to this question involves a complex interplay between Virginia state law (tort law) and federal law (admiralty and maritime law).  This article aims to provide a comprehensive understanding of the liability considerations for waterfront property owners.

弗吉尼亚州法律

The two branches of tort law that will most commonly affect waterfront property owners are “premises liability” and “negligence.”   The premises liability doctrine applies when the person alleged to have caused the property damage, 受伤或死亡也拥有事故现场的洼地.  过失原则适用于所有其他情况.  

前提责任

以便了解是否适用房屋责任, we must first establish whether the waterfront property owner owns the bottomland beneath the water. In most cases, waterfront property owners do not own the land under the waterbodies adjoining their properties. 这是因为，根据弗吉尼亚法典第28条.2-1200, 河流的低洼地带, creeks, bays, and beaches is usually owned by the Commonwealth and held in trust for the public. Consequently, property owners generally do not bear legal exposure under the "premises liability" doctrine for property damage or injuries occurring in rivers, bays, 以及与它们相邻的海洋.

However, there are rare exceptions in which private parties may own bottomland under these types of waterbodies.  For instance, a landowner may possess a "King's Grant" if their chain of title traces back to colonial times and shows ownership of bottomland. 

重要的是要理解弗吉尼亚法典第28条.2-1200适用于河流、小溪、海湾和海岸.  But there are other types of waterbodies in which people often exercise private ownership of the bottomland.  这些包括私人拥有的池塘、湖泊和不可通航的溪流.

如果一个人拥有洼地, he/she may be liable for injury or damages under the doctrine of premises liability.  When premises liability applies, Virginia law categorizes potential plaintiffs into three groups:

Trespasser: Landowners are generally shielded from liability if individuals trespass on their property and sustain injuries.

被许可人:如果有人得到了土地所有人的许可进入水体, 比如社交客人, the landowner is liable only if they are aware of a non-obvious danger and fail to warn the licensee.

Invitee: When the premises are open to the general public for specific activities, 比如游泳或划船, the landowner has a higher duty of care towards invitees and may have significant civil liability.

Significantly, 为了成功, the Plaintiff must also show that negligence was the proximate cause of the injury or damage.  For example, 一个人在游泳池或湖中淹死的事实, even though the owner and operator is negligent in not using reasonable care to protect his patrons, does not, without more, 确定被告的责任.  The negligence of the defendant must have a causal connection with the drowning, and in the absence of a showing that a defendant's negligence was the proximate cause of the death there can be no recovery.”  Blacka v. James, 205 Va. 646, 139 S.E.2d 47 (1964)

Although it can be difficult to establish liability for accidents occurring in a waterbody, 这不是不可能的.  For example, in Volpe v. 列克星敦市, 281 Va. 630, 708 S.E.2d 824 (2011) the 列克星敦市 owned and operated a riverside park open to the public for swimming.  There was a dam on the premises, and the decedent drowned in the vicinity of the dam.  The City was liable because the swimmers were “invitees” and the City had a duty to warn of the danger posed by particularly dangerous hydraulic forces under the water’s surface in the vicinity of the dam, 这是众所周知的，但从一般的观察来看并不明显的. 

过失责任

如果财产受损, injury, or death occurs in waters with bottomland owned by someone other than the alleged perpetrator, 过失法律原则适用.  Negligence liability arises when a property owner fails to exercise reasonable care. For example, in 彼得堡市五. Applegarth Adm的或, 69 Va. 321 (1877), the owner of a wharf was liable for allowing objects to extend from the wharf in a manner which caused catastrophic damage to a vessel passing by. 

联邦海商法

根据联邦法律，滨水物业所有者仍可能面临责任, 即使根据弗吉尼亚州的法律免除了责任.  建立联邦管辖权, 必须满足两个条件:(1)事故必须发生在通航水域, (二)事件与海上活动之间存在联系.  The definition of "navigable waters" includes tidal waters and those used for interstate commerce.  如果测试的两个部分都满足, the owner may be liable under federal civil law for injuries or damage sustained by a plaintiff. 

Understanding the civil liability associated with waterfront property is crucial for property owners.  By comprehending the interplay between Virginia state law and federal admiralty and maritime law, property owners can better assess their potential liability for property damage, injuries, 或者死亡发生在他们的滨水房产上或附近.  It is advisable to consult legal professionals well-versed in waterfront property law for guidance specific to individual circumstances.

Bryan Peeples is a Pender & Coward attorney focusing his practice on maritime and riparian law and worker’s compensation matters.