Charleston Premises Liability Lawyer

Premises liability law holds property owners responsible for damages that result from an injury on their property. Property owners must keep their property safe and make necessary repairs, and can be held liable for injuries resulting from dangerous conditions they failed to address. If you’ve been injured in a private property injury, you may want to contact a Charleston premises liability lawyer today.

It’s important to note that the specific responsibilities and liability of property owners may vary depending on the jurisdiction.

Premises liability cases typically involve situations where the property owner or occupier fails to maintain a safe environment, leading to accidents or injuries.

In general, property owner liability means that owners are expected to exercise reasonable care in the upkeep of their premises and the safety of visitors. This duty of care extends to both guests and, in some cases, even trespassers who could sustain a private property injury.

Determining Liability in Premises Liability Cases

Premises liability lawsuits can arise from a variety of situations, including animal bites, slip and fall accidents, inadequate security, swimming pool injuries, and others. These accidents can happen due to negligent or inadequate maintenance, failure to warn of potential hazards or the presence of hazardous conditions.

However, the level of care owed to different types of visitors, such as invitees, licensees, and trespassers, may vary among states.

West Virginia is one of several states that follows a condition-based approach, meaning that the focus is on the condition of the property and the actions of the property owner and visitor. These states consider whether the property owner knew or should have known about the hazardous condition and whether they took reasonable steps to address it or warn visitors.

For example, if a slip and fall accident occurs because the property owner failed to address a slippery floor or neglected to install proper handrails on stairs, these inadequate security measures can lead to liability, even if a person is injured as a result of criminal activity on the property, such as a robbery or assault.

Open and Obvious Risk

It’s important to note that the West Virginia Legislature limits the property owner’s liability in certain civil cases, stating:

“A possessor of real property, including an owner, lessee or other lawful occupant, owes no duty of care to protect others against dangers that are open, obvious, reasonably apparent or as well known to the person injured as they are to the owner or occupant, and shall not be held liable for civil damages for any injuries sustained as a result of such dangers.” West Virginia Code §55-7-28

The open and obvious defense is a concept that often arises in premises liability claims. It assumes that a reasonable visitor would notice a dangerous condition on someone else’s property and take appropriate steps to avoid it.

This defense is based on the principle that property owners should not be held liable for accidents that occur due to hazards that are open and obvious.

However, it’s important to note that there are hidden hazards that can still result in slip-and-fall accidents, even if they are not immediately apparent. Examples of such hazards include uneven flooring, inadequate lighting, and obscured signage.

While these hazards may not be hidden or concealed, they can still pose a risk to visitors who may not notice them or underestimate the danger they present.

Property owners have a legal duty to address these hazards or provide appropriate warnings to prevent accidents. Slip and fall accidents caused by open and obvious hazards can still give rise to premises liability claims, especially if the property owner failed to take reasonable steps to mitigate the risk.

Changes to the Open and Obvious Defense in West Virginia

In West Virginia, there have been significant changes to the open and obvious defense in premises liability claims.

In 2013, the West Virginia Supreme Court of Appeals altered the law regarding this defense. The court emphasized five factors to determine a landlord’s duty of care towards visitors, including the foreseeability of harm and the reasonableness of the visitor’s actions.

However, this ruling caused confusion and uncertainty regarding the open and obvious defense.

In an attempt to clarify the situation, the legislature passed a statute in 2016 that seemingly restored the open and obvious defense. However, the statute also mentioned restoring the law to its previous status, leading to further confusion among parties involved in these types of cases.

A Charleston premises liability attorney from Forbes Law Offices can provide clarity on even the most complex of legal cases. If you’re unsure of what laws apply to your case, please reach out for a free consultation.

Exceptions to the Open and Obvious Defense

While the open and obvious defense is generally applicable in premises liability claims, there are exceptions to consider.

One such exception is the distraction exception. This exception recognizes that distractions can prevent visitors from noticing hazards that would otherwise be open and obvious. If a visitor is distracted and fails to notice a hazard, the property owner may still be held liable for resulting injuries.

A similar principle exists specifically for child victims, referred to as the “attractive nuisance doctrine.”

Premises liability claims can be particularly challenging to litigate due to the open and obvious defense.

Plaintiffs must demonstrate that the property owner knowingly failed to address hidden hazards or provide adequate warnings despite the open and obvious nature of the hazard. The burden of proof lies with the plaintiff to establish that the open and obvious defense does not apply in their case.

The open and obvious defense creates a hurdle for plaintiffs seeking compensation for their injuries.

It requires them to present evidence that the property owner should have taken additional measures to address the hazard, even if it was open and obvious. This can involve gathering witness testimony, expert opinions, and other evidence to support the claim.

Given the complexities surrounding the open and obvious defense in premises liability claims, individuals involved in such cases must seek legal representation.

A Charleston premises liability lawyer can provide guidance and support throughout the legal process, helping you protect your rights and seek fair compensation. With their expertise, you can more easily navigate the complexities of the open and obvious defense, maximizing your chances of a successful claim.

Responsibilities of Property Owners and Occupants

Property owners and occupants are responsible for maintaining safe environments for individuals on their premises. This includes regularly inspecting their property for hazards, addressing any dangerous conditions promptly, and providing adequate warnings when necessary.

Take, for example, a common site of accidents like stairwells. Property owners should ensure that:

• Walkways are clear of obstacles
• Staircases are in good repair
• Lighting is sufficient to prevent accidents.
• Handrails are in place and usable where necessary.

If there’s a known danger, like a loose floorboard or a broken railing, property owners should take immediate action to address the issue or provide warnings to visitors.

Why You Need a Charleston Premises Liability Lawyer

Premises liability claims can be complex and challenging to navigate.

Proving property owner negligence and demonstrating that the plaintiff was not negligent in contributing to their own injuries is often one of the most difficult of these challenges.

Doing so often requires gathering evidence, interviewing witnesses, and presenting a strong legal argument.

Seeking a qualified premises liability attorney is crucial for anticipating and addressing these potential hurdles. A skilled premises liability lawyer can help gather evidence, assess liability, negotiate with insurance companies, and build a strong case on your behalf.

These lawyers are experienced in representing individuals who have been injured on another person’s or entity’s property due to negligence or unsafe conditions. The property in question can be a private residence, a business establishment, a public place, or any other type of property.

Premises liability lawyers can help your case by:

• Investigating the incident. They gather evidence, interview witnesses, and review relevant documents to establish the facts of the case.
• Determining liability. They assess whether the property owner or occupier was negligent in maintaining the property or failed to address known hazards.
• Evaluating damages. They calculate the damages you’ve suffered, including medical expenses, lost wages, pain and suffering, and other related costs, including likely future losses.
• Negotiating settlements. They often engage in negotiations with the responsible party’s insurance company to reach a fair settlement in your case.
• Filing lawsuits. If a settlement cannot be reached, premises liability lawyers can file a lawsuit on your behalf and represent you in court.
• Advocating in court. They present the case before a judge and jury, arguing on your behalf to secure a favorable outcome.

Premises liability laws can vary from one jurisdiction to another, so a premises liability lawyer needs to have a thorough understanding of the specific laws and regulations applicable to the case and location in question.

If you’ve been injured on someone else’s property and believe it was due to negligence, consulting with a Charleston premises liability lawyer may be a wise decision to explore your legal options.

Questions To Ask a Premises Liability Lawyer

When choosing a premises liability lawyer, it’s essential to gather information and understand their expertise and experience. Here are some questions you can ask:

• Have you handled cases similar to mine in the past? Can you provide specific examples of successful outcomes?
• Can you explain the typical process and average timeline for a premises liability lawsuit?
• What potential damages can I pursue in my premises liability case?
• What evidence will be crucial to building a strong case?
• What’s your fee structure? Do you work on a contingency fee basis?
• What are the potential challenges or obstacles we may encounter in my case?
• What role will I play in the case, and how can I help build a stronger case?
• Can you provide references or testimonials from past clients?

Asking these questions can help you assess a premises liability lawyer’s qualifications and determine if they are the right fit to handle your case.

Understanding premises liability law is essential for both property owners and those who may be injured on another person’s property.

If injured on someone else’s property, it is important to seek qualified legal support right away, especially in premises liability cases that involve complex laws.

The attorneys at Forbes Law Offices can provide expert guidance and assistance in premises liability claims, help you navigate the legal process (including open and obvious defense), and fight to get you the compensation you deserve.

Contact us online today to schedule a free consultation.