Marion County Premises Liability Lawyer
Many people do not realize that being hurt on another’s property could warrant legal action. However, an individual could suffer serious harm or even death because of a fall down a set of stairs, a slip onto a hard surface, or another incident involving careless land management. Those hurt in an accident could hold the property owner accountable for the losses they sustain.
Injured plaintiffs could call a Marion County premises liability lawyer following an accident sustained while on another’s property to further discuss what the next steps are to pursue a claim against a negligent party. A personal injury lawsuit could result in the plaintiff receiving compensation for medical expenses and other costs brought on by an injury.
Property Owners’ Liability in Marion County
Property owners in Marion County have a legal obligation to ensure their properties are free from hazards. They typically need to make routine and thorough checks of their property to look for potentially dangerous situations. These could include:
- Stairways or walkways that are crumbling or in disrepair
- Dangerously slick or slippery floors
- Exposed electrical outlets or hazards that might shock people
- Trip hazards like toys, products, or cords
When a property owner finds a hazard that may not be apparent or obvious to a guest or visitor, the owner must either take steps to correct the danger or warn others about the threat. The steps the property owner should take will depend on numerous factors, such as:
- The nature of the hazard and how expensive a repair would be
- The urgency of repairing or warning about the danger
- The resources of the property owner
Experienced Marion County premises liability attorneys could help injured plaintiffs review the facts of their cases and determine what legal right they have to bring a claim against a property owner.
Limitations on Premises Liability Recovery
Plaintiffs who suffer harm on another’s property are not automatically entitled to receive compensation for their injuries. West Virginia Code §55-7-28 states that property owners owe no legal obligation to individuals hurt by hazards that are “open and obvious” or well-known to both the plaintiff and defendant. If someone hurts themselves on a hazard that they knew about or should have known about, they could be denied recovery.
WVC §55-7-27 also limits the obligations property owners have to trespassers. A trespasser is someone who enters onto another’s property without invitation or authorization. Property owners must not “willfully or wantonly” cause injuries to trespassers, such as by setting traps that can maim or kill, but they have no duty to correct hazards in the case a trespasser chooses to enter onto their property.
Finally, West Virginia’s statute of limitations generally prohibits plaintiffs from filing a claim after two or more years have passed from the date of their injury. Bringing a suit after the deadline has passed may result in the case being dismissed, and the plaintiff may be barred from recovering any losses.
Contact a Marion County Premises Liability Attorney for Help
After suffering injuries on another’s property, you could pursue compensation for your injuries. If you are eligible, a premises liability lawsuit could allow you to recover damages that help you pay for medical treatment and address lost wages you have experienced because of your injuries.
Dedicated attorneys are on your side, ready to investigate your claim, collect available evidence, and build a solid case for your fair compensation. To take the first steps toward filing a case, talk with a qualified Marion County premises liability lawyer today.