Charleston Premises Liability Attorney

Most people never think twice about walking through a parking lot, climbing an apartment stairwell, or checking into a hotel. But when those spaces are not properly maintained, they can become traps for the unsuspecting.

Injuries on unsafe properties happen everywhere, especially in places you trust. It might be a local mall, a favorite restaurant, or a friend’s porch after a storm.

When that trust is broken, you may have the feeling of being blindsided, as you realize that a place that should have been safe was not. Some incidents are accidental; however, others could be the result of negligence. And that is when you can take legal action.

At Hendrickson & Long, PLLC, we work with you to restore accountability from those people and institutions. Find out how our Charleston premises liability lawyer can assist with filing a claim.

Charleston Has Local Hazards

If you have lived in or around Charleston for any length of time, you already know that our neighborhoods have personalities of their own. The city’s charm is undeniable, but its landscape and weather patterns create challenges when it comes to keeping property safe.

Property owners here cannot plead ignorance. Vigilance is part of their responsibility. Dangers can creep up anywhere in the city:

• Winter brings hidden black ice on shaded driveways and steps.
• Older brick and stone sidewalks downtown shift over time, creating trip hazards.
• Heavy rains lead to flooding, and slick entryways can become dangerous.
• Historic homes and apartment buildings have aging railings, uneven floors, and outdated wiring.

These are not random flukes; they are predictable risks. And under West Virginia law, that predictability matters.

Property owners are expected to know what could go wrong with their property and take reasonable steps to prevent it. When they don’t, or when they choose convenience or cost-cutting over safety, their neglect can quickly cross the line into legal responsibility. In these cases, you may be able to file a personal injury claim.

We have seen how easily accidents happen in Charleston. None of those injuries were accidental.

They were the outcome of someone choosing not to care, and that is where accountability begins.

What the Law Expects from Property Owners in West Virginia

Property owners in Charleston, West Virginia, do not have to guarantee perfection. The law does not require them to predict every possible accident. But they do have a clear, enforceable duty: to maintain their property in a reasonably safe condition and to warn visitors of hazards they know about or reasonably should know about.

In practice, this duty can take many forms, depending on the type of property and the relationship to the visitor:

• For businesses and public spaces: Owners must regularly inspect the property, fix hazards promptly, and warn customers of dangers that could cause injury. A wet floor in a store or a cracked step at a restaurant isn’t just bad luck. If it’s foreseeable and unaddressed, the owner can be held liable.
• For landlords and multi-unit dwellings: The duty often includes maintaining common areas, stairwells, hallways, and safety features like handrails, lighting, and fire escapes. Failing to repair broken stairs or ignoring repeated tenant complaints can be considered negligence.
• For private homeowners: Even if someone is invited over, the property owner must take reasonable steps to keep areas safe. This could include repairing loose floorboards, securing loose rugs, or addressing structural problems that might cause a fall.

The law also recognizes special circumstances, like the presence of children. If a property contains something that could attract a child, such as an unfenced pool or accessible construction equipment, the owner may be held to a higher standard of care under the “attractive nuisance” concept.

Not Everything Is “Open and Obvious”

Property owners sometimes claim that a hazard was “open and obvious,” hoping to shift blame to the injured person. West Virginia law does allow this defense, but it is not a blanket excuse.

Real life is rarely so simple. Courts recognize that visibility alone does not absolve a property owner from responsibility. When evidence shows that a hazard was hidden, unavoidable, or more dangerous than it seemed, the “open and obvious” defense often fails.

Reasonable Care vs. Perfection

In premises liability cases, the standard is reasonable care. Property owners are not expected to eliminate every risk, but they are expected to act in a way a reasonable person would under the circumstances. Ignoring a known danger, delaying repairs, or failing to warn visitors about a serious hazard can quickly cross the line into negligence.

How Everyday Oversights Lead to Accidents

Some hazards scream for attention, like a broken railing, a missing wet floor sign, or a loose tile waiting for someone to trip. But others stay quiet, blending into the background until someone gets hurt. We call this invisible negligence, and it can happen in these situations:

• It is the light that’s been out for months, making a parking lot unsafe at night.
• It is the step that’s been painted over instead of replaced.
• It is the floor mat that slides when wet, and everyone working there knows it.
• It is the “temporary” fix that turns permanent, like using duct tape, plywood, or a quick patch meant to last a weekend that’s still there six months later.

While these things might look like small oversights, when someone is injured, those oversights suddenly become decisions. Many times, that can reveal a pattern of neglect.

Our Charleston premises liability lawyer will dig deeper into these incidents. We look through maintenance logs, inspection reports, emails, and security footage. We talk to former employees, neighbors, and witnesses. And we find the paper trail because invisible negligence almost always leaves one.

The goal is to uncover why it happened. Sometimes, a property manager was told about the problem months earlier, or someone assumed “it’s fine for now.” Those are the moments that turn everyday oversight into actionable negligence.

Once you can see the pattern clearly, the case shifts from a random accident to a preventable injury.

The Human Cost of Unsafe Property

A fall or injury might seem minor to someone who has never experienced it. But for those who have, the reality is far more serious. Even a small accident can have long-lasting physical, financial, and emotional consequences.

Many of our clients have a long road to recovery:

• Extended medical treatment: What begins as a trip to the emergency room often turns into weeks or months of follow-up care, physical therapy, or surgery. Some injuries require ongoing rehabilitation that can last months or years.
• Financial strain: Time away from work means lost income, and for some, the impact is permanent. Missed paychecks, diminished earning capacity, and mounting medical bills can create stress that affects every aspect of life.
• Emotional and mental toll: Fear and anxiety often linger long after the physical injuries heal. Returning to the place where the accident occurred can feel impossible. Everyday activities may trigger stress, and some people experience sleepless nights or even depression.
• Long-term consequences: Certain injuries, like spinal damage, traumatic brain injuries, or joint trauma, can lead to permanent pain, limited mobility, or chronic conditions that alter quality of life. Sometimes, injuries, like falls, can be fatal. According to the Centers for Disease Control and Prevention, 47,026 people were killed in unintentional falls.

What makes these cases especially painful is that they are preventable. Unfortunately, for the injured person, another person’s negligence can start a ripple outward, affecting work, family, and personal freedom.

No one should have to carry the burden for an accident caused by someone else’s neglect. Our Charleston premises liability lawyer can help victims with the medical, financial, and legal challenges that follow. We will make sure property owners are held accountable and that victims have the support they need to rebuild their lives.

Frequently Asked Questions About Premises Liability in Charleston

Can I pursue a claim if the accident happened on a rental property I was visiting temporarily?

Even if you are only staying at a short-term rental, the property owner or manager has a duty to keep the premises safe. That includes warning you about known hazards like broken stairs, loose railings, or flooded areas. Your rights do not disappear just because you weren’t a permanent tenant.

What if the injury happened during bad weather?

Property owners in Charleston are expected to anticipate weather-related risks. This does not mean they can control the weather, but they are responsible for reasonably safe conditions, such as clearing ice from steps, adding anti-slip surfaces, or warning visitors about hazardous conditions. Failure to take these precautions can support a premises liability claim.

Can I file a claim if I wasn’t the first person to report a hazard?

Prior complaints, reports, or documented incidents actually strengthen your case. They show that the property owner knew or should have known about the danger and did not act promptly. Repeated warnings make it harder for them to claim ignorance.

How do witnesses affect a premises liability case?

Witnesses can be important. Eyewitnesses who saw the accident happen, or those who noticed the hazardous condition beforehand, help establish what occurred and prove the property owner’s negligence.

Can I recover compensation for emotional or psychological impacts, not just physical injuries?

West Virginia law recognizes that premises liability injuries can have emotional and psychological consequences, like anxiety, fear, or depression. If your injury caused mental or emotional distress, you could include this in your claim alongside medical bills, lost income, and physical pain.

Talk to a Charleston Premises Liability Lawyer

If you’ve been hurt because a property owner did not maintain a safe environment, you have rights. At Edwards Law Office, PC, we know the emotional, physical, and financial toll these injuries can take. We will listen to your story and explain your options.

Schedule a free consultation with our Charleston premises liability lawyer. You can take the first step to learn how to seek justice after an injury on unsafe property in Charleston.