West Virginia generally gives an injured person two years to file a negligent security lawsuit. In most cases, the period starts on the date of the attack.
What Does the Two-Year Deadline Mean?
A negligent security claim alleges that a property owner or business failed to use reasonable care against a foreseeable risk of criminal harm. The plaintiff (injury victim) has the right to seek compensation for personal injuries, and the statute of limitations under West Virginia Code § 55-2-12(b) governs most personal injury claims.
This law requires an action for personal injury damages to be brought “within two years next after the right to bring the same shall have accrued.” This deadline applies specifically to filing a civil lawsuit, not resolving it. Missing it means you will likely lose your right to pursue compensation.
Can the Deadline Be Extended?
Some circumstances can affect how much time an injured person has. For example, different rules may apply when the victim was a minor or lacked the legal capacity to file a claim when the incident occurred. The deadline may also change if a defendant (at-fault party) concealed important information that prevented the injured person from discovering or pursuing the claim.
Claims against cities, counties, school boards, and other political subdivisions can involve separate requirements. Although these claims often carry a two-year deadline, the defendant’s governmental status can affect liability, available damages, and how the court calculates the filing period.
Why Waiting is Dangerous
Two years can pass quickly while a victim receives medical care, deals with insurance companies, or waits for the criminal investigation to finish. However, any delay can make a negligent security claim more challenging to prove.
Surveillance footage can be overwritten within days or weeks. Property owners may repair broken locks, replace lights, change security companies, or update access systems. Employees and witnesses may leave, forget important details, or become difficult to locate. Preserving this information can help establish that the property owner knew about a dangerous condition or a pattern of criminal activity but failed to take reasonable precautions.
How Can an Attorney Protect the Filing Deadline?
A Charleston premises liability attorney can calculate the filing deadline and prepare the lawsuit before time expires. A lawyer will also investigate the property, identify every responsible party, preserve evidence, and handle all communications with insurers while tracking the remaining time. Filing a suit will not prevent insurance settlement negotiations, which continue separately. Otherwise, there is a risk of settlement discussions, delayed records, or an ongoing criminal investigation jeopardizing your claim.
Who Can Be Held Responsible for Negligent Security?
Responsibility may extend beyond the property owner. A landlord, property management company, business tenant, event operator, or security contractor may share liability if it controlled the property or handled security. It must first be determined which parties had authority to prevent this situation by repairing broken locks, maintaining lighting, monitoring entrances, responding to earlier incidents, or providing security personnel. More than one party may bear responsibility when overlapping failures contributed to the attack.
