Charleston Premises Liability Lawyers

Different Types of Premises Liability Claims

In basic terms, a premises liability claim can arise whenever a claimant is injured on someone else’s property and at no fault of their own. The defendant can be any number of other parties, from close friends and family members to storekeepers and local municipalities. The underlying idea is that the party that should have maintained the safety of the property should be financially accountable for any harm to others that happens on that piece of land or in that building.

There are four common types of premises liability claims:

• Slip and fall accidents: Throughout our 85+ years of legal practice, slip and fall accidents are probably seen the most among all premises liability claims. Loose debris, uplifted carpeting, slippery tiles, and more can cause a visitor or passersby to trip or slip, suffering serious injuries if they fall or tumble.
• Dog bites: Dog owners have a responsibility to keep their pets under control when around others to prevent attacks and bites. If you were bitten by someone’s dog while you were in public or at their house, then you might be able to hold them liable for your damages.
• Negligent security: Business establishments are often required to provide a reasonable amount of security measures to protect guests, patrons, and shoppers from crimes, such as assault, battery, and robbery. Failing to maintain adequate security could make the property owner liable for any criminal acts that befall others.
• Chemical exposure: The storage and disposal of dangerous substances and toxic chemicals is a necessity to keep not only guests but also employees safe from the hazards of repeated exposure. At the least, warning signs should be posted when hazardous substances are present.

Open and Obvious Hazards

In West Virginia, it can be difficult to file a premises liability claim against a property owner if you were hurt by a hazard deemed to be “open and obvious” to a reasonable person. In other words, the state expects guests, visitors, patrons, clients, customers, and even trespassers to use reasonable care when on someone else’s property and to avoid clear hazards as best they can.

For example: You visit a friend’s house to help them with a broken water line. When you arrive, the entire front room is flooded under an inch of water. As you move through the home to find the source of the leak, you slip in the water and get hurt. In this situation, your friend might not be liable for your damages because the slip hazard was obvious and in the open, i.e. you knew about it ahead of time and saw it clearly when you arrived.

In an opposite example: You visit a friend’s house for a day of recreation. When you enter their bathroom, you slip on a puddle of water by the sink and suffer a broken wrist in your fall. Your friend apologizes and mentions that they had meant to call a plumber about that leak. In this situation, your friend could be liable for your damages since they knew about the hazard, did nothing to fix it, and did not warn you about it, i.e. they were unreasonable in their attempts to protect you from harm.

File a Claim with Experienced Lawyers Behind You

Bringing a premises liability claim against a negligent property owner can be intimidating, especially if you personally know the party that caused your accident or injury. To make things simpler for yourself and to eliminate any legal guesswork from your claim, leave everything up to Katz Kantor Stonestreet & Buckner, PLLC and our Charleston premises liability lawyers. We can act on your behalf from start to finish, seeking a maximized amount of compensation for your medical bills, lost wages, and pain and suffering that you would not have experienced had the property owner been more careful.