Charleston Premises Liability Lawyer

Premises Liability Attorney in Charleston, WV

Premises liability is the legal condition that holds property owners responsible for injuries caused by unsafe conditions on their property or inside their business. Slip and fall incidents, animal attacks, electrical hazards, and any number of situations could result in severe injuries, leaving you vulnerable to financial hardship, pain, and suffering. If you have been injured on someone else’s property, a Charleston premises liability lawyer can help you seek compensation.

With over 40 years of experience serving the citizens of Kanawha County, Wooton, Davis, Hussell & Johnson, PLLC, knows West Virginia premises liability laws. We represent injured people in all kinds of premises liability cases, and we have the skills and experience to create a compelling personal injury case that adequately addresses your needs.

Examples of Premises Liability

Premises liability can occur in a private residence, a public place, or a business. The property owner, whether an individual, a business entity, or a government entity, is responsible for maintaining property to protect the safety of customers, guests, and patrons.

Several forms of premises liability exist, including:

• Slip-and-fall incidents due to slick floors, spills, ice, or snow
• Animal attacks, such as dog bites
• Drowning and water hazards in swimming pools and spas
• Electrical hazards
• Fire hazards
• Poor lighting
• Infrastructure and mechanical risks, such as cracked sidewalks, broken staircases, and malfunctioning escalators and elevators
• Inadequate security or crowd control
• Amusement park accidents and ride malfunctions
• Construction zone incidents
• Inadequate maintenance
• An object falling from above

Car, pedestrian, and bicycle accidents can also constitute a premises liability violation, depending on where the accident occurs. If you have been injured on someone else’s property, you may have legal recourse. It’s vital to take action promptly, as West Virginia’s statute of limitations (§55-2-12) for personal injury claims only allows legal action up to two years past the date of the injury incident.

Premises liability cases in Charleston are usually held at the Municipal Court building located at 501 Virginia Street, East.

Common Injuries in Premises Liability Cases

In the US, premises liability is one of the leading causes of accidental death and catastrophic injuries. In 2023, over 200,000 people died as a result of an unintentional accident. While no one wants someone to be injured at their home or place of business, premises liability incidents occur daily. Slip-and-fall accidents are one of the most common causes of these injuries, accounting for 35% of all premises liability cases.

Some of the most common injuries treated in the Charleston area include:

• Broken bones
• Head injuries and TBIs (traumatic brain injuries)
• Lacerations and bruising
• Back injuries and spinal cord injuries
• Severe burns and disfiguring scars
• Organ damage and internal bleeding

Psychological trauma, PTSD, anxiety and panic attacks, and other severe mental health impacts are also observed in many premises liability victims, leading to lost wages and diminished quality of life.

Proving Negligence in Premises Liability Cases

You may find the thought of taking legal action daunting, but it’s important to hold negligent property owners accountable. The process for proving negligence in West Virginia premises liability cases requires documentation and evidence to support your claim. When you hire a premises liability lawyer from Wooton, Davis, Hussell & Johnson, PLLC, we thoroughly investigate the factors that contributed to your case, building a solid strategy to help you receive compensation.

Compensation for Premises Liability Claims

Compensation in premises liability settlements usually covers economic and non-economic damages. Economic damages address quantifiable expenses, such as medical bills, lost wages, diminished earning potential, and any expenses attached to seeking medical care for your injuries.

Non-economic damages include awards for pain and suffering, mental anguish, loss of consortium, and other subjective losses that cannot be quantified. Non-economic damages can be significant and help to mitigate the long-term hardships that many accident victims endure.

FAQs

What Does a Premises Liability Policy Cover?

A premises liability insurance policy usually covers the costs of medical bills and damages resulting from an accident that occurs on a business owner’s property. These policies are required by law for any business or landlord-owned property in West Virginia. Most premises liability cases are negotiated outside the courtroom when you hire a premises liability attorney, who can negotiate on your behalf with insurers.

Are Premises Liability Cases Hard to Win?

The likelihood of a favorable outcome in premises liability cases depends on the evidence presented by the plaintiff. Your legal team will conduct a careful investigation to determine the factors in your accident, helping to ease the process of collecting the necessary documentation to increase the chance of a settlement.

What Are the 4 Requirements to Prove Negligence?

The four requirements to proving negligence are:

• Duty of care, which addresses the legal responsibility the defendant owed to the plaintiff
• Breach of duty, which establishes that the defendant failed to provide the duty of care
• Causation, which proves that the defendant’s breach of duty caused the accident
• Damages, which establish that the plaintiff experienced actual damages (injuries) due to the negligence

How Much Can You Receive From a Premises Liability Claim?

Settlement amounts for premises liability cases depend on the severity of the injuries and the circumstances of the case. Catastrophic injuries with lifelong impacts can result in higher settlement amounts, as economic and non-economic damages for these cases tend to be greater than those for less severe injuries. No matter the degree of your injuries, if they were severe enough to warrant medical treatment, your case is probably eligible for a premises liability claim.

Have You or a Loved One Been Injured on Someone’s Property? Hire a Premises Liability Lawyer in Charleston, WV

At Wooton, Davis, Hussell & Johnson, PLLC, we have a proven history of successful premises liability cases for everything from slip and fall injuries to dog bites and swimming pool incidents. We’re here to offer our compassionate guidance to citizens of Charleston and the surrounding area. Contact us today to schedule your first consultation.