Morgantown Premises Liability Lawyer
Suffering an injury due to a dangerous condition on another person’s property can be frustrating. Through no fault of your own, a serious accident could leave you in pain with a mountain of medical bills.
While you may be entitled to compensation from the negligent property owner, seeking relief through the legal system can quickly become complicated. A lot goes into preparing, strategizing, and ultimately winning a personal injury case. Dates need to be recorded, witnesses interviewed, and filing deadlines met. An experienced Morgantown premises liability lawyer could assist you at every step of the process. Consider reaching out to a personal injury attorney to review your case and determine your legal options for recovery.
Defining Premises Liability
A premises liability case is a subset of personal injury law and occurs when someone is injured while on another’s property. Similar to the duty of care imposed on all citizens to act as reasonably prudent persons, property owners owe a duty of care to their visitors.
Unlike other states, West Virginia has a uniform standard of care regardless of who the visitor might be. Property owners owe all visitors other than trespassers a duty to exercise reasonable care in their maintenance of the property and warn others of known unsafe conditions. Those who suffer an injury on another’s property in Morgantown are required to show that the property owner knew or should have known of the unsafe condition that caused their injury and failed to remedy it.
The 50 Percent Bar Rule in Morgantown
States follow different rules that determine whether a plaintiff is able to recover damages if they were also to blame for their injury. West Virginia follows the 50 percent bar rule, which states that if the plaintiff was 50 percent or more to blame for the accident, they are barred from recovering any damages. Plaintiffs who are 49 percent or less at fault may recover, but their damages would be reduced by their percentage of fault. For example, a premises liability plaintiff in Morgantown who is 30 percent responsible for the accident may recover only 70 percent of their total damages.
Filing a Lawsuit for Premises Liability in Morgantown
West Virginia Code §55-2-12 imposes a two-year statute of limitations on personal injury cases. A statute of limitations is a time limit imposed on individuals to file their cause of action. If plaintiffs fail to file within the given time period, they lose their right to sue.
However, seeking compensation typically does not start with a lawsuit. Generally, the parties would first attempt to settle the case out of court. Premises liability victims in Morgantown could send a demand letter, stating the material facts, their injuries, and the losses they have suffered to date and send it to the insurance companies or whomever the defendant might be. If a settlement cannot be reached, plaintiffs have the right within those first two years to file a lawsuit.
How a Morgantown Premises Liability Attorney Could Help
Property owners who fail to keep their premises safe should be held accountable. When you seek recovery against them, you are also holding them responsible so that other people like you do not have to suffer through the same unfortunate accident and injury. A dedicated Morgantown premises liability lawyer could look over your case and help you pursue the legal relief you are entitled to receive. To begin your journey, call today and schedule a consultation.