Property owners, property management companies and other responsible parties have a duty to maintain their property in a manner that is safe for guests and visitors. Premises liability law pertains to the legal duties and responsibilities of property owners and other responsible persons. Generally speaking, there are three categories of people who enter the property of another:
- Licensee: a licensee has been expressly or implicitly invited to the premises by the property owner. A common example would be a party attendee, social guest, or friend. A licensee is not there for commercial purposes. The property owner may be liable for injuries caused to a licensee if the property owner knew or should have known of a dangerous property defect that would create an unreasonable risk to the licensee, the property owner did not repair the defect or warn the licensee, and the licensee did not reasonably know of the defect and the risk.
- Invitee: the invitee has been invited to the premises for commercial or business purposes and is there for the benefit of the property owner. An example would be a department store shopper. The invitee is owed the highest duty and standard of care.
- Trespasser: a trespasser enters the property of another without express or implied consent. They are there for their own reasons and purposes. The property owner does not owe a duty of care to a trespasser unless the owner is aware that the trespasser is on the premises or is likely to enter or reenter the premises. In this case the property owner may have the duty to warn the trespasser of possible harm and to exercise reasonable care.
If you were injured while you were on the property of another, you may have a personal injury cause of action for compensation, depending on the circumstances of your case. Consult with a West Virginia premises liability lawyer to discuss the details of your injury and the circumstances under which it occurred. Tiano O’Dell, PLLC represents injured premises liability victims. A complimentary consultation is available to discuss your case.
Premises Liability Accident Causes
There are many possible causes of premises liability accidents, including the following and in the following areas and circumstances:
- Slip and fall accidents: wet floors, slippery floors, obstructions, debris, interference
- Hazardous building accidents: faulty construction and upkeep, such as loose handrails and defective stairs that give way under weight
- Negligent security, resulting in assault to victims: lack of security guards or negligent, malfeasant security guards, lack of protection, lack of security cameras, lack of security vehicles patrolling
- Slippery floor accidents: overly or improperly waxed, wet, iced, snowy, oily floors, other slippery causes
- Uneven surface accidents: uneven pavement, roots growing underneath, improper construction, steps that are not level, walkways that have sudden rises or drops
- Grocery store and Wal-Mart accidents: grocery and Wal-Mart stores may have a myriad of dangerous situations, including all in this section
- Construction site accidents: faulty ladders and scaffolding, electrical wiring exposure and defects, dangerous circumstances and faulty tools, vehicles improperly utilized, unsupervised workers
Common Premises Liability Injuries
Unfortunately, injuries of all kinds may occur as a result of premises that are improperly designed, built and maintained, including:
- All physical injuries
- Musculoskeletal injuries
- Fractures of wrists, arms, ribs, legs, feet, ribs, other
- Traumatic brain injury, coma, concussion
- Spinal injury
- Neck injury
- Fracture pelvis
- Facial injuries
- Gunshots, knife injuries from assaults
Compensation for Premises Liability Injuries
A personal injury lawsuit generally seeks compensation for the injured party, in the following areas:
- Medical expenses beginning with the accident and projected until recovery
- Pain and suffering: the amount of compensation for pain and suffering depends on each case
- Lost income: begins with the injury, generally projected until well again
- Other areas: ask your attorney for specifics
A wrongful death lawsuit seeks compensation for the survivors of the deceased, including:
- Funeral and burial expenses
- Medical expenses from the injury until death
- Mental pain and suffering
- Loss of companionship
- Loss of advice, comfort, guidance of the deceased
- Loss of income from the deceased
- Ask your attorney for details, this is a brief overview
Consult a West Virginia Premises Liability Attorney
Tiano O’Dell, PLLC is a premier plaintiff’s rights personal injury law firm in Charleston that represents clients throughout the state of West Virginia. Over the last 20 years, attorneys William Tiano and Tony O’Dell have represented thousands of clients, with two primary goals: to compensate the victim for the injuries they sustained because of the negligence of others and to hold the responsible parties accountable for their conduct. They have been recognized for their hard work and client success: they have been named as Top 100 Trial Lawyers by the respected American Trial Lawyers Association, as well as being designated as West Virginia Super Lawyers.
There are no upfront fees and no fees at all unless they settle or win your premises liability case. To schedule a complimentary case review with a Charleston personal injury attorney, contact Tiano O’Dell, PLLC at (304) 720-6700.