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, the Charleston premises liability lawyers from DiPiero Simmons McGinley & Bastress, PLLC are 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 noneconomic damages.
Compensation in a Premises Liability Claim
Economic damages are your calculable financial losses and encompass things like:
- Lost wages
- Medical expenses
- Property damage
Noneconomic 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 for 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.
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 Do Premises Liability Attorneys 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 condition 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 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.
DiPiero Simmons McGinley & Bastress, PLLC Will Fight for You
DiPiero Simmons McGinley & Bastress, PLLC is a top-rated law firm in Charleston, WV. 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.
