Wheeling Premises Liability Attorneys
West Virginia Premises Liability Lawyer
When we visit the store, a restaurant, a hotel or someone else’s residence, we assume that the premises will be safe and free of hazards that might cause an accident or injuries. If a dangerous or hazardous condition of someone else’s property caused you to suffer injuries, you may be entitled to hold the owner or occupier of the property responsible. You could get compensation for your injuries and damages through a premises liability claim.
For more than 35 years, the West Virginia premises liability lawyers of Jividen Law Offices, PLLC have fought for accident victims injured by dangerous or hazardous conditions on someone else’s property. If you have been hurt by the negligence of a property or business owner, you deserve to hold that party accountable.
With more 50 years of combined legal experience, our property injury lawyers know what it takes to secure maximum compensation for our clients. We have a track record of securing positive results for our clients and we have won honors for our work, such as inclusion in Super Lawyers for nine years straight, and membership in the Million Dollar Advocates Forum, which recognizes attorneys who have secured million-dollar settlements or verdicts for their clients.
If you have been injured on someone else’s property throughout West Virginia, contact Jividen Law Offices, PLLC. You can get a free initial consultation and speak with one of our knowledgeable West Virginia premises liability lawyers.
What Is Premises Liability?
Premises liability refers to the duty of property owners to keep lawful visitors on their properties safe from injury and harm that may be caused by dangerous or hazardous conditions on the property.
In a premises liability claim, an injured person claims that their injuries were caused by a property’s dangerous or hazardous condition. The injured person also claims the owner or operator of the property either created the dangerous or hazardous condition or had a duty to fix or remedy the condition and failed to do so.
What Do You Have to Prove in a Premises Liability Claim in West Virginia?
Under a West Virginia premises liability claim, you must prove these elements:
- You were a lawful visitor on someone else’s property.
- You were injured by an unreasonably dangerous or hazardous condition on the property.
- The condition was either created by the owner or occupier of the property or the owner or occupier failed to remove or remedy the condition.
To bring your premises liability claim, you generally must prove that you were not trespassing on the property where you were injured. Usually a trespasser cannot bring a premises liability claim unless the property owner or occupier intended for a condition of the property to injure the trespasser. For instance, the trespasser might have a claim if the owner-occupier set up a booby trap.
Lawful visitors to a property, such as store or restaurant customers, delivery drivers or maintenance workers, are owed a duty by the property’s owner-occupier to exercise reasonable efforts to keep the premises safe. The owner-occupier must also warn visitors of non-obvious hazardous conditions on the property that are known to the owner-occupier.
In your injury claim, you must prove that you were injured by a dangerous or hazardous condition of the property. You must show that the owner or occupier of the property breached a duty by having created that dangerous or hazardous condition or by failing to remove or fix the condition or warn you of its presence.
For example, if you slip and fall on a puddle of liquid in a grocery store, you must show:
- The puddle was caused by something in the store owner’s control, such as a leaking refrigerated display; or
- The puddle was caused by a customer spill, and that the store failed to exercise reasonable care to clean it up by having employees conduct regular inspections or some other method.
You will also need to show that the store had sufficient opportunity to discover and clean up the spill. For instance, if you slipped only a minute or two after the spill occurred, the store might legitimately claim that it could not have reasonably found the spill and cleaned it up.
Depending on the circumstances of your accident, you may also have to prove that the hazard that caused your accident was not obvious or that there was not a safer alternative route. Otherwise, the property owner or operator might argue that you failed to exercise due care when you chose to cross an obvious hazard.
Common Types of Premises Liability Cases We Handle
At Jividen Law Offices, PLLC, our experienced West Virginia premises liability attorneys handle these types of premises liability cases:
- Slip and fall accidents – This includes slipping on ice or other slippery substances, or tripping over hazards such as loose wires, broken or torn flooring or debris.
- Dog bites – Pet owners are strictly liable to persons injured from a bite or attack by their pet.
- Negligent security – Persons who are injured by criminal activity that is fostered by the lack of security or by negligent security may hold the property owner responsible.
- Swimming pool accidents – These accidents include slip or trip and falls, drownings or diving accidents.
- Accidents at apartment complexes – We can help you determine whether you may be entitled to hold the complex owner or individual tenants liable for your injuries.
- Accidents at retail stores – These accidents can happen at grocery stores, supermarkets and department stores, where slip and fall or trip and fall accidents are common.
- Accidents at restaurants and bars – These include slip or trip and fall hazards or broken glass on the floor.
- Amusement park accidents – These accidents include slip and fall or trip and fall accidents, injuries caused by rides, and injuries caused by negligent security.
If you have been injured in an accident similar to these types on another’s property, we may be able to help you recover compensation for your injuries and damages.
How Can Our West Virginia Premises Liability Attorneys Help?
When you have suffered an injury in a premises liability accident or incident, the attorneys of Jividen Law Offices, PLLC can help you pursue maximum compensation by:
- Conducting our own investigation of your accident and injuries, securing important evidence such as accident/incident reports, surveillance video footage, witness statements, accident scene photos and your medical records
- Working with engineering and accident reconstruction experts to build a persuasive case to show how your accident occurred and why the property owner or occupier was at fault
- Collaborating with medical, vocational and financial experts to determine the extent of your injuries and damages to ensure you receive full compensation
- Filing claims with the insurance company and aggressively pursuing a negotiated settlement that gives you fair and full compensation
- Preparing your case to be filed in court, if necessary, and preparing an effective, persuasive legal strategy on your behalf
At Jividen Law Offices, PLLC, we know that your injury requires you to seek medical treatment and may also force you to miss work. Those circumstances can place a significant financial burden on you.
You deserve to have experienced legal help working tirelessly to get you compensation for your injuries and damages. You should not have to worry about paying an attorney. When you hire our firm, you do not pay a penny unless and until we recover compensation for you in your case.
Demanding Full Compensation for Injury Victims
After being injured by a dangerous or hazardous condition on someone else’s property, you may be entitled to demand compensation for these and other damages as a result of your injuries:
- Past, ongoing, and future medical expenses, including hospital and ER bills, surgeries, medical procedures, doctor’s appointments, prescription pain medication, physical therapy, mobility equipment and other out-of-pocket costs
- Lost wages, income and business opportunities for the time you miss from work while recovering from injuries
- Lost earning potential, if your injuries leave you with disabilities that prevent you from returning to your pre-injury level of work
- Pain and suffering
- Lost enjoyment or quality of life due to visible physical disfigurements or due to disabilities caused by your injuries
You may also be entitled to compensation for other out-of-pocket expenses caused by your accident, such as damaged property or clothing.
What to Do If You’ve Been Hurt on Someone Else’s Property in West Virginia
If you suffer an injury while on someone else’s property, take these steps to help protect your legal rights and interests and to preserve your options for pursuing compensation for your injuries and damages:
- Report your accident to the property owner or operator. If you were injured on commercial property, such as in a store or restaurant, report your accident and injury to a manager. If you were injured on residential property, notify the owner or occupant of the property. Remain calm and avoid accusations or talk about lawsuits. You simply want to notify the property or business owner that an accident and injury happened on their property. If you are injured at a business, the manager may complete an accident or incident report. Request a copy of this report.
- Get the owner’s contact information. When you have the information, you or your attorney will know who to contact if you later decide to pursue a claim for compensation.
- Document your accident scene. If possible, take photos or video of the scene, including details such as whatever it was you believe caused or contributed to your accident and injuries — the lighting and (if applicable) weather conditions, any obstructions to your view, any warning signs or nearby safety measures, and any visible injuries you may have suffered. If your accident took place at a business, ask the business to preserve any surveillance video footage of your accident and injury.
- Get examined by a physician. You may not feel as though you were seriously hurt, and you may not have sought immediate medical attention. Even so, schedule an exam with your doctor to identify any injuries you may have sustained in your accident that are not yet causing you pain or other symptoms. Promptly diagnosing your injuries can be critical to proving that those injuries were caused by your accident and not by some other incident.
- Talk to a West Virginia premises liability lawyer from Jividen Law Offices, PLLC as soon as possible. We can discuss your case and determine whether you may have a viable claim for compensation for your injuries and damages.
West Virginia Statute of Limitations on Premises Liability Claims
In West Virginia, premises liability claims are subject to a two-year statute of limitations. That deadline begins to run from the date of your accident or injury. For minors, this two-year-limitations period does not begin to run until the minor’s 18th birthday.
If you fail to file a lawsuit in your premises liability case before this two-year period expires, the court will very likely dismiss your case. That means you will have lost your right to pursue financial compensation in court.
Talk to a Premises Liability Lawyer in Wheeling, WV, Now
When you have been injured in an accident or incident while on someone else’s property, you may have legal rights to pursue compensation from the owner or operator of the property. Do not wait another day to reach out to Jividen Law Offices, PLLC. Get a free, no-obligation case evaluation by calling us or contacting us online now.
You can talk to one of our experienced Wheeling premises liability lawyers about your case. You will also learn how our firm might be able to help you maximize your financial recovery.