Property owners in West Virginia have a legal obligation to maintain safe conditions on their grounds, premises, and in their buildings. This obligation includes identifying and rectifying dangerous conditions that could injure visitors.
When a building or property owner fails to uphold this legal duty, and someone is injured as a result, West Virginia state law permits the victim to recover compensation for their damages.
If your injury was caused by a dangerous condition on someone else’s property, a Charleston premises liability lawyer can help. At DiPiero Simmons McGinley & Bastress, PLLC, our team is available to meet with you for a free consultation.
Dangers Posed by Unsafe Properties
According to the National Floor Safety Institute, falls send approximately 8 million people to the emergency room each and every year, accounting for around 21% of all ER visits. A slip and fall is often the result of a preventable hazardous condition, including wet and slippery floors, icy surfaces, uneven floors, warped steps, and missing handrails.
The Charleston premises liability attorneys at our law firm are equipped to handle a variety of injury claims involving dangerous conditions on another person’s property, including:
- Dog bites from unsecured pets
- Swimming pool accidents
- Water park accidents
- Trampoline park accidents
- Amusement park accidents
- Inadequate security accidents
Our team of Charleston premises liability lawyers treats every client with the respect, compassion, and understanding they deserve. We know that every injury claim we handle is unique, and we dedicate as much time and effort as is necessary to recover damages for those harmed by unsafe property conditions.
Our extensive legal knowledge and 150+ years of combined experience make us a trusted source of legal representation in Charleston, Kanawha County, and elsewhere in West Virginia.
Dangerous Property Conditions at Work
Construction and industrial workers face a high risk of being injured because of hazardous workplace conditions. If you are unsure whether you have a workers’ compensation or premises liability claim, you can schedule a free consultation with our law firm. We’ll go over the details of your industrial accident or natural gas injuries to determine the most appropriate course of action to ensure that those at fault are held liable for their actions.
What Happens When You’re Hurt on Someone Else’s Property?
A serious injury will alter your life in new and unforeseen ways. You may be unable to work or struggle to keep up with growing medical bills. As Charleston premises liability attorneys, we are prepared to help you hold negligent property owners responsible for your losses, including your economic and non-economic damages.
Compensation in a Premises Liability Claim
Economic damages are your calculable financial losses and encompass things like:
- Lost wages
- Medical expenses
- Property damage
Non-economic damages are your non-tangible losses, such as:
- Mental anguish
- Pain and suffering
- Loss of enjoyment of life
In rare cases, premises liability claims may also call for punitive damages. These are used to punish negligent property owners for acting with malice or with reckless indifference to the safety and health of others. Your Charleston premises liability attorney will advise you of what damages you are owed in your case.
Is a Property Owner Responsible for Your Safety?
In the state of West Virginia, property owners have a legal obligation to maintain safe premises that are reasonably free from harm. The duty that a property owner owes to someone on their property will vary depending on the type of visitor.
- Invitee – An individual with implied or express consent to be on the property, including grocery shoppers and delivery people.
- Licensee – An individual visiting a property with permission for reasons other than business. This category includes a friend visiting another’s house for dinner or a party guest.
- Trespasser – An individual who does not have permission to be on the property.
The type of visitor you were at the time of your accident will play a pivotal role in your premises liability claim. A Charleston premises liability attorney from DiPiero Simmons McGinley & Bastress, PLLC will investigate the situation surrounding your accident to determine whether you were an invitee, licensee, or trespasser.
Attractive Nuisances
Trespassers who are minors are given special consideration in premises liability claims. Young children do not have the same reasoning skills as adults and may be unable to discern when a condition or object poses a threat to their safety.
An attractive nuisance is something that may be particularly enticing to children, including:
- Playground equipment
- Swimming pools
- Ponds and fountains
Negligent property owners who fail to secure conditions or items that are attractive to children but pose an underlying risk of injury can be held liable for their actions. A Charleston premises liability attorney can be your tireless guide as you seek compensation for your child’s injuries.
The Open and Obvious Doctrine
Every property owner has a duty to protect visitors from harm. However, there may be situations in which a property owner is not legally responsible for the injuries another person suffered on their premises. The open and obvious doctrine states that a property owner is not liable for injuries when a visitor comes into contact with an open, obvious, and reasonably apparent danger.
Any time that a hazardous condition is obvious, a reasonable person is expected to proceed at their own risk.
Don’t let a property owner wrongfully claim that your injury was the result of an open and obvious hazard. The premises liability lawyers from our law firm will conduct a thorough investigation into what happened to prove that you could not have anticipated the harm you suffered.
Premises Liability Accidents on Government Property
A premises liability claim involving government-owned property will be particularly complex. Government property owners are frequently shielded from liability due to sovereign immunity afforded to these entities.
If you were injured on government property, you may still be able to file a premises liability claim in accordance with the Federal Tort Claims Act. These types of cases are especially complicated and require the guidance of a knowledgeable lawyer.
For an opportunity to speak with a Charleston premises liability attorney in a free and confidential setting, please contact our law firm.
What Does a Charleston Premises Liability Lawyer Do?
The Charleston premises liability lawyers of DiPiero Simmons McGinley & Bastress, PLLC, are tireless legal advocates for property injury victims. We represent those who have been injured by dangerous conditions on another person’s property, which includes:
- Providing an initial free consultation
- Investigating the hazardous conditions surrounding the premises accident
- Assigning liability to the at-fault property owner and any other liable parties
- Valuing the worth of your claim
- Negotiating a full and fair settlement on your behalf
We don’t allow negligent property owners to avoid taking responsibility for the harm they’ve caused.
Talk with a premises liability attorney from DiPiero Simmons McGinley & Bastress, PLLC, so that we can begin investigating your claim.
What if I Played a Role in My Personal Injury?
In West Virginia, modified comparative fault laws impact who has the right to recover compensation in premises liability cases.
This means that even if your own negligence was a factor in your injuries, you can still recover compensation so long as you were 50% or less at fault.
Your total award will be proportionately reduced by your percentage of fault, so it is important to work with a premises liability law firm that has the experience and knowledge necessary to prove that the property owner was at fault.
Frequently Asked Questions About Premises Liability
The start of your premises liability claim begins with getting your questions answered about your options and what to expect. The attorneys at DiPiero Simmons McGinley & Bastress, PLLC can provide those answers beginning with these frequently asked questions:
Will my friend have to pay my medical bills if I was injured at their house?
If you were injured at your friend’s home by a preventable accident, like tripping on broken stairs or uneven flooring, you should not be responsible for your medical bills. Your friend shouldn’t have to pay your medical bills out of pocket. Instead, you would be making a claim against their homeowner’s insurance, which would pay the benefits.
How much is my case worth?
Every premise liability case is unique. There is no fixed price. However, our experience as a Charleston premises liability lawyer provides us with the skills to work closely with you to calculate all your medical expenses, your lost wages, and any pain and suffering you’ve endured because of your injury.
What are common excuses that property owners use in their defense?
A property owner will have the same liability insurance as a homeowner, but that doesn’t mean they are willing to file a claim and accept responsibility for the accident. Here are some of the common excuses that a property owner might use in their defense:
- They didn’t know there was a hazardous condition.
- They claimed that they fixed the hazardous condition.
- They blame you for the accident.
- They deny they are the owner.
- They claim someone else is responsible for maintaining the property.
What type of evidence do I need to prove my case?
The more supporting evidence you can provide, the stronger your case will be. That evidence can include the following:
- Security camera footage of the actual accident.
- Eyewitness testimony.
- Past inspection reports documenting dangerous conditions.
- Photos and video of the hazardous conditions.
- Emails or texts from other customers about the hazardous condition.
- Medical records.
- Pay stubs.
While it might seem like an overwhelming amount of evidence to collect, we can help. Our attorneys and investigators have a lot of experience tracking down relevant evidence for premises liability claims. We will ensure that everything that can be collected will go towards proving your version of events.
Can I settle my case without going to court?
Once we agree to work with you, we’ll strive to find a fast resolution. That can often mean settling out of court. However, going through the process of filing a lawsuit demonstrates your resolve and the strength of your evidence. That could be a motivation for the property owner to find a resolution.
How long do I have to file a premises liability claim in West Virginia?
The West Virginia statute of limitations for filing a personal injury claim is two years from the day of the accident. When you consider that you have to gather evidence, including potential surveillance footage, witness statements, and medical records, it will take a lot of time. That is why you want to contact our office and get the process started as soon as possible.
DiPiero Simmons McGinley & Bastress, PLLC Will Fight for You
DiPiero Simmons McGinley & Bastress, PLLC is a top-rated law firm in Charleston, WV, that has years of experience helping Charleston residents with premises liability claims. We have earned our reputation through tireless legal advocacy on behalf of injury victims, and we would be proud to put our hard-earned reputation to work for you.
To discuss how to hold a negligent property owner responsible for their actions, please contact our legal team to schedule a free consultation at your earliest convenience. Our Charleston premises liability lawyer is ready to help.
