Premises Liability Lawyer in Charleston, WV
When you slip on a floor in a hotel lobby or are robbed in a dim parking lot, you may think that no one is to blame for what happened. However, further investigation may reveal that there is someone who can be held legally responsible for paying your medical bills and other damages after injury: the property owner.
Situations like this are not always clear, which is why it’s crucial to consult the premises liability attorneys at Warner Law Offices, PLLC. Our team can review what happened and let you know if you have a legal claim against the owner of the property.
Do not delay. It’s in your best interests to speak with an attorney as soon as possible after you’ve been seriously injured. To set up a free case evaluation with an experienced Charleston premises liability lawyer near you, contact our West Virginia law firm.
What Is Premises Liability?
Premises liability law refers to the duty of a property owner to maintain a reasonably safe environment in order to protect guests and visitors from harm while they are on the premises. Similarly, property owners are expected to provide warnings of potential hazards for those on the premises in order to prevent potential injury.
Examples of this may be as simple as removing tripping hazards from busy hallways to placing a wet floor sign after a spill or a leak. Property owners could also make certain parts of the property off-limits if there is a risk of injury to guests or patrons.
If a property owner is negligent in this responsibility, they can be held liable for a person’s injuries.
If you’ve been harmed by negligent individuals, you deserve to be helped by an attorney who genuinely cares about you. Contact us for client-focused service online or at 304-345-6789. Free consultations!
Elements of a Premises Liability Claim
Premises liability claims are challenging because you must prove multiple elements as part of your legal claim:
- The property owner owed a duty of care to others in ownership and maintenance of the property
- You, the victim, were harmed by these dangerous conditions
- The property owner failed to meet this duty, creating dangerous conditions on their property
- Your accident led to direct damages
Remember that the presence of an unsafe condition at a property doesn’t mean that the property owner was negligent. Our Charleston premises liability lawyers understand this well. We know what evidence we need to collect to ensure our clients get the compensation and restitution they deserve.
How Long Do I Have to File a Premises Liability Lawsuit?
In the state of West Virginia, you typically have two years from the date of the injury to file a legal claim. Once that two-year statute of limitations has expired, you will not be able to take legal action. However, if you wish to file a premises liability claim against a local municipality or government entity, you will also need to provide a written notice of your claim 30 days before you file the lawsuit.
It’s best to speak with our premises liability attorneys in Charleston as soon as possible. We can review what happened to you and start the legal process sooner rather than later.
There are so many types of accidents because a premises liability claim can involve injury in just about any type of environment, from in a parking lot to at your local grocery store to a person’s private backyard. Naturally, this means a victim can suffer from a variety of injuries, too. Slip and fall accidents tend to lead to broken bones, spinal cord injuries, and brain injuries, depending on how and where the victim fell. An apartment fire can lead to severe burn injuries, while a dog attack can result in cuts and abrasions, infected bites, and loss of limbs.
Why You Need Our Attorneys for Your Premises Liability Claim
At Warner Law Offices, PLLC, our Charleston, WV personal injury lawyers know the difficulties people face after a catastrophic accident. Our law firm’s goal is to help you get back on your feet and seek compensation for the losses related to your injuries.
Boutique Law Firm, Big Results
Our trial lawyers offer West Virginians the best of both worlds: the client-focused service of a small law firm as well as the resources and experience of a national legal practice. It’s one of the reasons why Bobby Warner and the team have been named Best Attorneys of America by Rue Ratings and Top 100 Trial Lawyers by National Trial Lawyers.
Born and Raised in West Virginia
Our lawyers were born and raised in West Virginia. That means we know the concerns of people here in Kanawha County and all over the Metro Valley. Our lawyers also know local judges and medical professionals, local businesses and neighborhoods, and various regional laws, all of which can help support your premises liability case.
We Accommodate Your Mobility and Schedule
After a catastrophic accident, you might feel overwhelmed by your injuries and the complexities of the claims process. Our law firm can make things simpler for you. If you cannot come to us after a serious injury at a business or residence, our lawyers can visit you. We’ll go to your home or the hospital to ensure you get started with your premises liability claim ASAP.
Lawyers Who Provide Peace of Mind
When you choose Warner Law Offices, you choose to work with top-rated Charleston injury lawyers who emphasize client peace of mind. While you focus on recovering from your injuries, our skilled team of premises liability attorneys can handle every aspect of your accident claim from start to finish. We’ll sweat the hard stuff so you can rest easy.
If We Don’t Win, You Don’t Pay
Our premises liability lawyers work on a contingency fee basis. That means we will only get paid if we can negotiate a favorable settlement on your behalf or win damages for you in court. If we don’t win, you don’t pay—easy at that. Warner Law Offices, PLLC removes the risk of further financial hardship so you can focus on healing and recovery.
To request a free consultation with experienced Charleston premises liability lawyers near you, contact our West Virginia law firm today.
Types of Premises Liability Cases
Premises liability claims cover a wide range of accidents in a wider range of places. These kinds of claims could be filed over a fall at a supermarket chain as well as drownings at a residential pool. The premises liability attorneys at our Charleston, WV law office are prepared to take on property owners, even if they are major corporations or entities. We stand with accident victims throughout West Virginia.
Slip, Trip, and Fall Accidents
Slips, trips, and falls can happen at all kinds of business establishments and housing units. At supermarkets and department stores, there may be wet floors or debris on the ground that leads to slips. There may be issues with steps, stairs, and handrails that contribute to falls in an office building or hotel. Trips can also occur at public buildings or on sidewalks that are uneven.
Elevator and Escalator Accidents
Poorly maintained elevators and escalators could cause major injuries if property owners are negligent in repairs and maintenance. This can be of particular concern at hotels, office buildings, and shopping centers throughout the Metro Valley.
Amusement Park Accidents
If you were seriously hurt at a West Virginia theme park like Camden Park or Ace Adventure Water Park, you may be able to file a legal claim depending on what happened. Even local businesses like Sky Zone or Captain Holstein’s Family Entertainment Center could be liable for serious injuries if property owners aren’t careful about safety measures and proper maintenance on the premises.
Swimming Pool Accidents
On the note of water parks, premises liability claims can also be filed if there were injuries or drownings at a swimming pool. For public pools, claims could be made against the owners for failing to have lifeguards on duty or failing to clean and maintain the pool. There could even be claims against apartments with swimming pools or homes with residential pools depending on the nature of the accident.
Water Leaks and Flooding
Leaky roofs, busted pipes, and any flooding at a property can cause all kinds of safety hazards. If the liquid winds up on a linoleum or hardwood floor, that’s a slip and fall accident waiting to happen. The water could also seep into the walls and building materials, which can weaken structures or cause the formation of black mold. It’s up to property owners to fix leaks before they become an immediate or long-term danger.
Dog Bites and Animal Attacks
When dog bites and animal attacks happen at a home or near a residence, this may get folded into premises liability claims. The owner of the aggressive dog can potentially be held liable for injuries their pet caused, whether the victim is a delivery person or someone else in the area. Our lawyers can help if you or a child in your household was attacked by a dog in your neighborhood.
Snow and Ice-Related Accidents
It may not snow much in Charleston, WV, but it’s still important to keep any eye out for icy conditions during the winter around the Metro Valley. Slippery sidewalks, stairs, and walkways could lead to serious accidents. Homeowners and business owners could be held liable if they fail to remove snow or there are hazardous icy surfaces around the premises.
Fires and Faulty Electrical Wiring
Fires and electrical injuries cover different aspects of premises liability law. When a fire breaks out at a property, our premises liability lawyers can examine the cause of the fire and determine if negligence in the construction or maintenance of the building contributed to the fire or made the fire worse. Our premises liability attorneys can also consider if sprinkler systems and fire alarms functioned properly at the time of the blaze.
Exposure to Toxic Fumes or Chemicals
When harmful substances are stored at a facility, it’s important that all people at that place are made aware of it. Property owners could be held liable for exposing tenants, guests, customers, or employees to harmful substances without their knowledge or consent. These kinds of issues could lead to long-term health issues affecting the respiratory system.
Lack of Security
Sometimes people are seriously hurt because of a lack of security at a property. That could mean a lack of security guards who could deter trespassers or people who may harm people at a given establishment. This could also refer to a lack of sufficient security measures, like working locks on doors or securing gates that grant access to a property.
Damages in a Premises Liability Lawsuit
Damages are intended to compensate accident victims for the various losses they experienced as a result of their accident on someone’s property. There are two kinds of damages: economic damages and noneconomic damages.
Economic Damages
Economic damages in a premises liability claim cover the financial losses linked to a person’s injuries. Examples include compensation for:
- Medical bills and hospitalization
- Long-term medical treatment
- Physical rehabilitation
- Occupational therapy
- Lost wages
- Lost future income
- Property damage
Noneconomic Damages
Noneconomic damages in a premises liability claim address the unexpected life changes and trauma experienced in an accident. Examples of this include:
- Pain and suffering
- Disfigurement
- Post-traumatic stress disorder (PTSD)
- Emotional distress
- Reduced quality of life
- Loss of consortium
Compensation After a Fatal Property-Related Accident
If you lose a loved one in a fatal accident, our premises liability lawyers can help you file a wrongful death claim against the negligent property owner. The damages sought in a wrongful death claim will help cover funeral expenses, the loss of a loved one’s income and companionship, and other losses associated with a preventable tragedy.
Trespassers and Premises Liability Cases
Even if you were injured at a store, at a theme park, or on someone else’s property, it can be hard to know whether you have a valid premises liability claim. Sometimes you must also determine your own status—that is, whether you can be considered an invitee or trespasser on the property.
If you were not legally authorized to be on the property at the time of your accident, you may not be eligible to file a premises liability claim. This is because property owners owe a limited duty of care to trespassers.
This is why it is so important to consult with our premises liability attorneys as soon as possible after your accident. We can evaluate what happened, determine whether or not you were technically trespassing, and let you know if you have a viable legal claim.
Request a Free Case Review with Our Charleston Premises Liability Lawyers
Whether you suffered an injury at a business or at a private residence, you can count on the lawyers at Warner Law Offices, PLLC. Our law firm is here to help accident victims who were injured because of a property owner’s lax maintenance and poor decisions. For a free case evaluation with an experienced Charleston premises liability attorney near you, contact our law offices in West Virginia.
Injured on someone’s property? Give our premises liability lawyers a call if you’re in West Virginia at 304-345-6789.
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Charleston, WV 25301
Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.
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