Fairmont Premises Liability Lawyer
Property owners have a responsibility to keep their visitors free from unreasonable dangers. If you were injured as a result of a property owner’s negligence, you could hold them responsible in court. Overcoming the barriers to legal recovery is not always straightforward. A Fairmont premises liability lawyer advocate on your behalf and help you seek the compensation you need. A seasoned personal injury attorney, they could help you make well-informed, strategic decisions about your legal recovery.
Common Causes of a Property Accident
There are many causes that could attribute to a premises liability claim. Here are a few common causes of premises liability:
- Animal attack
- Inadequate security or maintenance
- Defective conditions
- Snow and ice
- Elevator accidents
- Toxic chemicals
It is also common for premises liability cases to arise directly outside of an establishment. For example, if there is a defective or poorly maintained entrance or stairway leading into the defendant’s property, which causes injury, a knowledgeable premises liability attorney in Fairmont could hold the defendant liable for damages.
Legal Concepts Related to Premises Liability
In order for a Fairmont premises liability lawyer to hold a property owner liable, they must prove that the owner breached their duty of care. Every property owner owes a duty of care to their visitors. However, the duty of care varies depending on the types of visitors.
Beginning with trespassers, those who are unlawfully present on another’s property, property owners do not owe them a duty of care unless they are a child. Owners must use reasonable care to prevent unreasonable risk of harm to child trespassers from an artificial condition on their property, such as putting up a fence around their swimming pool.
Social guests, also known as licensees, are to be warned of dangerous conditions that they are not likely to discover. One example would be an exposed wire or faulty floorboard. Lastly, invitees, business patrons, and customers are afforded the greatest protection. Owners are to ensure that the property is reasonably safe for invitees. Any condition deemed unreasonably safe, renders a property owner liable in the event of an injury.
Fault and Recovery for Premises Liability Claims in Fairmont
Comparative fault is a legal doctrine that allows defendants to limit or bar liability when a plaintiff contributes to the cause of the accident. West Virginia follows the 51 percent bar rule, which states that plaintiffs are barred from recovery if they are determined to have been 51 percent or more of the cause of their injuries.
West Virginia also passed the open and obvious doctrine under West Virginia Code §55-7-27-8. The doctrine states that owners and possessors of real property owe no duty of care to others against dangers that are open, obvious and readily apparent, or are well known to the injured person, absolving the owner from liability and civil damages that result.
Let a Fairmont Premises Liability Attorney Help
When a property owner fails to warn visitors of the hazards on their land or fails to fix any dangers, and a visitor sustains an injury, the owner could be held liable for damages. With the help of an experienced Fairmont premises liability lawyer, you may be eligible to recover compensation for your damages.
Call today to schedule a consultation.