Charleston Premises Liability Lawyer
When a serious injury is caused by an unsafe property, it can leave you reeling. In the blink of an eye, you’re dealing with medical appointments, time away from work, and mounting expenses because of someone else’s negligence.
A Charleston premises liability lawyer can help you and your family recover compensation after getting hurt on dangerous property.
Whether you slipped on a wet floor at a store in Southridge or suffered a fall on broken stairs at an apartment building in Kanawha City, the team at Hendrickson & Long, PLLC, is here to listen, guide, and advocate throughout this tough time.
What Is Premises Liability and Why Does It Matter?
Premises liability refers to a property owner’s legal responsibility to keep their premises reasonably safe.
If they fail to address known hazards or warn visitors about dangerous conditions, they may be held liable when someone gets hurt. In these instances, you can pursue a personal injury claim.
West Virginia law recognizes that property owners owe visitors a duty of care. In most states, different types of visitors (invitees, licensees, trespassers) are owed different levels of care. However, West Virginia has abolished the distinction between licensees and invitees due to the Mallet v. Pickens ruling.
The law treats everyone as individuals owed a reasonable duty of care.
Whether you are shopping, dining, renting a vacation home, or visiting a friend, the property owner has a duty to exercise reasonable care to protect you from hazards they knew about, or should have known about.
Trespassers, however, are treated differently.
In most cases, property owners do not owe trespassers a duty of care. However, that changes when the trespasser is a child and the injury was caused by a hazardous condition that the owner should have anticipated could attract children, such as an unfenced pool, a trampoline, or dangerous equipment.
This is known as the “dangerous instrumentality” doctrine, which is similar to the “attractive nuisance” doctrine in other states.
What Are the Types of Premises Liability Accidents in Charleston?
Charleston is full of older buildings, uneven sidewalks, and multi-unit dwellings. All these conditions can lead to serious accidents when property owners fail to maintain their spaces. Some of the most common claims include:
- Slip and fall accidents in grocery stores, restaurants, and shopping centers
- Trips and falls on cracked or uneven sidewalks, parking lots, or steps
- Injuries from broken railings, loose floorboards, or defective staircases in apartment buildings
- Negligent security in hotels, apartment complexes, or event venues that fail to prevent foreseeable assaults
- Falls on ice or snow that wasn’t properly removed or treated
- Swimming pool accidents at rental homes or hotels
- Dog bites and animal attacks when property owners fail to secure their pets
- Elevator and escalator malfunctions in older commercial buildings
Whether you were hurt while shopping downtown, attending an event at the Civic Center, or visiting a rental in South Hills, the law may be on your side. Our Charleston premises liability lawyer is here to help answer your questions.
What Should You Do After a Property-Related Injury?
If you have been injured on someone else’s property, you might want to move on and forget about the incident. However, property owners and the management team have a duty to keep these spaces safe. You have the right to pursue compensation. Here are the steps to take to protect your rights:
- Seek medical attention right away. Even if you feel okay, symptoms can worsen over time. These early medical records will support your claim that you were injured on the property.
- Report the incident to the property owner, manager, or business staff and request a written report.
- Take photos of the hazard, the surrounding area, and any visible injuries.
- Get names and contact information of witnesses who saw what happened.
- Avoid giving statements to the insurance company without talking to a lawyer.
- Contact a Charleston premises liability lawyer before evidence disappears or the story changes.
These are the first steps to ensure that you have properly documented the incident before the evidence disappears.
How Do You Prove a Property Owner Was Negligent?
Premises liability claims hinge on one issue: negligence. You must show that the property owner or occupier failed to act with reasonable care. As a result, that failure directly caused your injury.
For a claim to be successful, it involves proving that:
- A dangerous condition existed on the property
- The owner knew or should have known about it
- The owner failed to fix it or adequately warn you
- That failure directly caused your injuries and losses
There is one distinction in West Virginia, and that is the “open and obvious” doctrine. This can limit liability in cases where the hazard was visible or should have been recognized by a reasonable person.
However, exceptions apply, especially when the hazard is unavoidable or the property owner’s conduct was reckless.
What Compensation Can You Recover?
Premises liability injuries can lead to more than just bruises. Many people, especially older adults, can end up with broken bones, spinal injuries, traumatic brain injuries (TBI), and lasting emotional trauma.
If your injuries were caused by negligence, you may be entitled to compensation for:
- Medical treatment and hospitalization expenses
- Future care costs, such as rehabilitation and therapy
- Lost wages or diminished earning capacity
- Physical pain and emotional suffering
- Permanent disability or disfigurement
- In wrongful death cases, funeral expenses and loss of support
Our legal team works with medical providers, life care planners, and financial experts to calculate the full impact of your injuries. We will pursue the maximum compensation possible under West Virginia law.
What If You Were Partially at Fault?
Unfortunately, insurers want to pass on fault to anyone but their client. Many times, they will try to blame you, the victim. But even if you were partially at fault, you might still be able to recover compensation.
West Virginia uses a modified comparative fault system. That means you can still recover damages if you were 50% or less at fault. However, any damage awards will be reduced by your percentage.
You cannot recover compensation if you were more than 50% at fault.
However, you should not assume you are out of options because someone says, “You should’ve been more careful.” Let our Charleston premises liability lawyer evaluate your case before you walk away.
Why Work with a Charleston Premises Liability Lawyer?
Premises liability cases are often dismissed or devalued by insurance companies. They may argue the hazard was “open and obvious,” or that you were not being careful. Property owners often deny they knew of the issue. Sometimes, evidence can disappear quickly if you don’t act right away.
Working with a local Charleston attorney gives you an advantage. At Hendrickson & Long, PLLC, we bring:
- Extensive knowledge of West Virginia premises liability law
- Experience negotiating with insurers and opposing counsel
- Local insight into Charleston’s buildings, neighborhoods, and codes
- Resources to investigate your claim and bring in expert testimony
- Trial-ready litigation strategies if negotiations fail
Some may believe that premises liability injuries are not serious and that you should not explore your legal options. But you didn’t ask to get hurt, and you should not have to foot the bill for someone else’s mistakes or negligence. You deserve a legal team that fights to get you the compensation you deserve.
Frequently Asked Questions
Our Charleston premises liability lawyers have answers for your questions:
How long do I have to file a premises liability lawsuit in West Virginia?
In most cases, you have two years from the date of the injury to file a personal injury lawsuit.
Can I sue a landlord or property manager?
Yes. Anyone who owns, occupies, or manages a property can be held liable if they fail to act with reasonable care.
Does a warning sign protect the property owner?
Not always. A sign may reduce their liability, but does not absolve them if the hazard is still dangerous or the warning isn’t adequate.
What if the property owner claims the danger was “open and obvious?”
West Virginia does follow the “open and obvious” rule, but exceptions exist. You may still have a claim if the danger was unavoidable or more dangerous than expected.
Do premises liability cases go to court?
Many claims settle out of court, but if the property owner or insurer refuses to negotiate fairly, we are prepared to take your case to trial.
Talk to a Charleston Premises Liability Lawyer Today
If you’ve been injured due to dangerous conditions on someone else’s property in Charleston, you need to act. Medical bills can pile up, and you might struggle to manage your lost income. Our Charleston premises liability lawyer is standing by.
At Hendrickson & Long, PLLC, we are ready to investigate what happened and fight for the compensation you deserve.
Schedule a consultation today to learn how we can help with your potential claim.
