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Premises Liability 

In the state of West Virginia, property owners have a legal duty to provide a reasonably safe environment for their visitors. This applies to both commercial and residential properties—which can include, but is not limited to, homes, apartments, retail stores, government buildings, restaurants and more. If you or someone you love was injured on someone else’s property because they failed to comply with the law, you may have grounds to seek financial compensation through a premises liability lawsuit.

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Common Types of Premises Liability Claims

Premises liability laws apply to a wide range of circumstances. Whether you were bitten by a neighbor’s dangerous pet or slipped and fell in a restaurant, you may have grounds to seek compensation if you can establish that the property owner failed to prevent or remedy the hazardous conditions.

Some of the most common types of premises liability claims involve:


  • Slip and fall accidents

  • Dog bites or animal attacks

  • Swimming pool accidents

  • Negligent security incidents

  • Injuries from falling objects

  • Defective construction

How to Prove That the Property Owner Was Negligent

If you are interested in pursuing a personal injury lawsuit against an irresponsible property owner, you will need to establish that they were negligent. In order to do so, you will need to prove that they knew or should have known about the hazardous conditions that eventually led to your injury. For example, if a restaurant owner noticed a spill on the floor, but failed to clean it up, they would be liable.

Next, you will need to show that you had a legal right to be on the property. West Virginia law makes a distinction between invitees, licensees, and trespassers when it comes to premises liability claims. Only licensees and invitees would be entitled to bring a claim for damages since property owners do not have a legal responsibility to provide a reasonably safe, hazard-free environment for trespassers.

  • Invitee: Someone who is expressly invited onto the property

  • Licensee: someone who enters the property with consent from the owner

  • Trespasser: Someone who has no legal right to be on the property

Why WVLawyer Should Be Your First Call

If you were recently involved in an accident, there is a good chance that you have now been faced with thousands of dollars in medical expenses, time spent away from work, and ongoing pain and suffering. You shouldn’t have to suffer the consequences of someone else’s mistakes. Let a Charleston injury attorney from WVLawyer fight to hold the responsible party accountable.

With more than 50 years of collective legal experience, our nationally recognized law firm has helped countless victims to recover the level of compensation they deserve. In fact, we have secured more than $100 million in verdicts and settlements on behalf of our clients. This has earned us a place in the Multi-Million Dollar Advocates Forum®, The National Trial Lawyers, and Super Lawyers® magazine.


Need another reason to work with us? Our accomplishments include:

  • Secured a 10.0 “Superb” rating from Avvo

  • AV Preeminent™ rated by Martindale-Hubbell®

  • Named a “Best Law Firm” by U.S. News and World Reports

  • The National Trial Lawyers: Top 100 Trial Lawyers

  • Named to the Super Lawyers® Rising Stars℠ list


Schedule Your No-Cost, No-Obligation Consultation Today


Are you ready to pursue the justice and fair compensation that you deserve? Call now to schedule your free, no-obligation consultation with the team at WVLawyer. Discussing your options with an experienced personal injury attorney won’t cost you a thing, so you have no reason to wait. We also accept all cases on a contingency fee basis, so you don’t pay unless we win your case!

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