When you are hurt on another person’s property, it’s governed by the field of law known as premises liability. Determining who is responsible or liable for a premises’ conditions is part of this area of law. Premises liability covers everything from an accident in someone’s home (including animal attacks), landlord negligence, retail stores and other publicly accessed places, and government-owned facilities such as libraries, schools, and other municipally-owned buildings. In fact, even sidewalks come under premises liability.
Your first step after a premises liability accident is to seek medical care. Once your condition is stabilized, determining responsibility is your next step.
Finding Responsibility
After you are hurt, the question is who is responsible. The answer to that question depends on:
• Who owns the property
• Who’s responsible for the property’s upkeep
• Who might be on-duty at the time of the accident was responsible for keeping the premises safe
You and your attorney need to determine the responsible party before filing a claim and to show that the responsible individual or entity was negligent and that caused your injuries. That responsible person could be the landowner or property owner or a manager, employee, or tenant/occupier.
A common premises liability case is a slip and fall at a grocery, restaurant, or other retail establishment. For example, if an employee or manager was aware of a spill but failed to clean up the spill before anyone was hurt, that store could become responsible if someone slips and falls on that wet spot.
Another example is that of an apartment building. Responsibility will depend on where the accident happened. If you have an accident on a sidewalk, stairwell, parking lot, or other common areas, the landlord or property owner is likely responsible if they failed to keep these areas clear, safe and kept up maintenance wise.
The circumstances can change if you are visiting someone and have an accident in their apartment. The responsibility will depend on what caused your accident. If your accident is the result of a maintenance issue that has not yet been completed or fixed, such as water leaks, cracked or broken floor, or torn carpet, the landlord is likely to be responsible.
However, if you suffer an animal bite or attack, that responsibility will fall squarely on the tenant who owns the pet. If you’re bitten by a pet owned by a neighbor, that person is responsible under West Virginia’s dog bite laws. This is where it can become complicated, and why a premises liability lawyer is the best person to talk to if you’ve had premise liability type accident or injury.
The Duty Of Care
Anyone who is in possession, or otherwise responsible for a property’s upkeep has a duty of care to ensure that a property is safe for everyone who visits.
West Virginia recognizes two categories of visitors:
• Non-trespassers: property owners have a duty of care to anyone who is on the property with permission. That is someone who enters the property with the implied or express permission of a landowner or other responsible individual, such as a tenant. In this case, the property owner must ensure that the premises are reasonably safe for anyone who visits. The owner is responsible for inspecting the premises regularly to determine if there are any hazardous conditions present on the property, repair them, or issue a warning to all non-trespassing visitors of the hazard while repairs are being made.
• Trespasser: Anyone who enters the property of another without express or implied permission is a trespasser. West Virginia courts do not offer protection to trespassers and the owner must only avoid reckless or intentional conduct.
Neglecting their duty of care can result in the responsible party being liable for injuries suffered on the property by a visitor.
Open And Obvious Dangers
West Virginia law also has a clause for “open and obvious” dangers.
What this means is that a landowner or other property owner may not necessarily be held responsible for someone’s injuries if the danger that caused them was readily apparent to a reasonable person. Most hazards should be accompanied by a visual warning, such as floor safety cones, “wet floor” signs, wall signs, or other “red flag” equipment that makes a hazard visible to everyone. There are occasions where some dangers can’t be missed and so the owner may not have a responsibility to put a sign or other warning, although it may be advisable to do so anyway. If a hazard is open and obvious, an injured person may not be able to collect damages.
Injured On Someone Else’s Property In Charleston? Call The Love Law Firm
The Love Law Firm in Charleston, West Virginia is a personal injury law firm with extensive experience handling premises liability cases. Call us today at 304-344-5683 (or use our online contact form) and schedule your free consultation. There’s no charge for the first visit, and our contingency fee arrangement means you won’t pay unless we win your case and recover money for you.
