In Charleston, WV

In West Virginia and all 50 states, property owners have a duty of care to maintain their property for the safety of everyone who visits. They are required to repair and clear any hazardous conditions that injure someone. Weather, older buildings, debris, and regular wear and tear can lead to broken sidewalks and other trip hazards.

Under West Virginia’s premises liability laws, anyone who is hurt on someone else’s property can file a claim for their injuries and other damages. Homeowners and local businesses should be aware of hazards so they can recognize them and take corrective action when necessary.

What Is Premises Liability?

This is the area of law that specifically covers injuries on someone else’s property. It defines the duty of care property owners have, and negligence if they fail to exercise that duty. West Virginia law holds property and business owners accountable if they fail to keep their property in a reasonably safe condition.

Recently updated West Virginia laws do not differentiate between invitees and vendors. Now, the law applies a uniform standard of reasonable care to all lawful entrants. Therefore, the only distinction is for non-trespassing visitors and those considered “trespassers.”

Common Property Hazards That Cause Serious Injuries

While nearly anything can lead to an injury on someone’s property, these are the most common:

Slip and Fall Hazards

• Wet floors, spills, and recently mopped surfaces.
• Icy sidewalks and parking lots in winter
• Uneven flooring, loose rugs, or cracked pavement.
• Poor drainage is causing standing water.

Correcting these hazards before someone suffers an injury is part of the duty of care that’s required under West Virginia’s premises liability laws.

Poor Lighting Conditions

• Dim stairwells, hallways, or parking lots.
• Burnt-out bulbs not replaced.
• Increased risk of falls and security concerns.

Unsafe Stairways and Railings

• Broken or missing handrails.
• Uneven steps or worn surfaces.
• Lack of proper maintenance in older buildings is also common in Charleston.

Falling Objects

• Improperly stacked merchandise in stores.
• Loose ceiling tiles or fixtures.
• Construction site hazards.

Neglected Building Maintenance

• Loose floorboards or tiles.
• Structural issues like collapsing decks or balconies.
• Mold, water damage, or rotting materials.

Inadequate Security Measures

• Lack of security in high-risk areas.
• Broken locks or unsecured entry points.
• Poor surveillance in commercial properties.

Once notified of the hazard, the property owner is required to either warn individuals away from the area with signs indicating the danger or take corrective action to repair the problem.

Injuries Commonly Caused by Property Hazards

Individuals who are hurt on another person’s property can suffer injuries similar to a traffic accident, including:

• Traumatic brain injuries (TBIs).
• Broken bones and fractures.
• Spinal cord injuries.
• Soft tissue injuries and sprains.
• Long-term or permanent disabilities.

This list isn’t inclusive, and other injuries can occur, such as dental damage. 

Who May Be Liable for a Property Hazard Injury?

Multiple parties can be responsible for injuries from property hazards. Besides the property owner, they can be:

• Business operators or tenants.
• Property management companies.
• Contractors or maintenance providers (in some cases).

Liability will depend on who had control over and knowledge of the hazard, and on the duty of care to correct it before someone was injured.

What to Do After an Injury on Someone Else’s Property

Take these steps if you slip, fall, or otherwise suffer any unsafe property injuries due to someone else’s negligence:

• Seek medical attention immediately.
• Report the hazard to the property owner or manager.
• Document the scene (photos, videos, witness info).
• Avoid giving recorded statements without legal advice.
• Contact a personal injury attorney.

Each of these steps will produce a “paper trail” that documents the accident and the injuries you suffered resulting from someone’s negligence.

How a Charleston Personal Injury Lawyer Can Help

Contacting a premises liability lawyer in Charleston gives you an advantage that you might not have on your own. They can:

• Investigate the cause of the hazard.
• Gather evidence and prove negligence.
• Handle insurance company communications and negotiations.
• Pursue compensation for medical bills, lost wages, and pain and suffering.
• Local knowledge of Charleston courts and regulations.

West Virginia allows two years from the date of the accident to file your claim. However, it’s better to start right after the accident. The more time a lawyer has to build your case, the better.

Let The Love Law Firm Help With Unsafe Property Injuries in Charleston, WV

If you’ve been exposed to property hazards that cause injuries, a premises liability lawyer in Charleston can help you recover needed compensation.

The Love Law Firm helps injured parties in Charleston and the surrounding areas. We offer contingency-based representation, so there are no upfront fees or retainers. Contact us today for a free consultation to discuss your case and how we can help you.