Q: What do we need to do to not be liable if someone sues?

A: First - obtain insurance. Second, act as reasonable persons to insure that the property is safe. Negligence is the failure to use ordinary care. Ordinary care is the care a reasonable person would have used under the circumstances of this case. With regard to property, the common law requires that "'every person [must] exercise ordinary care in the use and maintenance of his own property to prevent injury to others.'" Perlin v. Chappell, 198 Va. 861, 864, 96 S.E.2d 805, 808 (1957) (quoting Rice v. Turner, 191 Va. 601, 605, 62 S.E.2d 24, 26 (1950)); accord Standard Oil Co., 102 Va. at 828, 47 S.E. at 831 (recognizing the "duty of every man to so use his own property as not to injure the persons or property of others"). "[T]here is a marked difference between the duties which the occupant of land owes to trespassers, licensees and invitees, respectively. Trespassers and bare licensees, as a rule, take the risk of the place as they find it." Pettyjohn & Sons v. Basham, 126 Va. 72, 77-78, 100 S.E. 813, 814-15 (1919); However, an owner or occupant of land is liable to a licensee, including a social guest, for injuries caused by affirmative negligence. Bradshaw v. Minter, 206 Va. 450, 453, 143 S.E.2d 827, 829 (1965). In contrast, an owner or occupant of land "must use ordinary care to keep his premises reasonably safe for an invitee." Tate v. Rice, 227 Va. 341, 345, 315 S.E.2d 385, 388 (1984). An owner or occupant of land, though, has no duty to warn an invitee of an unsafe condition that is "open and obvious."

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