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When a property owner or manager does not take appropriate care of their premises, they create a serious risk of harm for visitors. Those hurt due to preventable hazards or lack of warning signs may wish to seek financial compensation from the negligent parties. If you suffered harm on someone else’s property, contact a Charleston premises liability lawyer to review the facts of your case. With persistent legal support, you could be able to seek financial compensation for your losses.
When people legally enter another’s property, they trust that the premises are kept in reasonably safe conditions. Unfortunately, owners or managers sometimes fail to take the necessary steps in keeping their property safe. Some common scenarios in premises liability complaints include:
These incidents demonstrate the type of negligent oversight or careless supervision that could be cited in a premises liability case. However, there are many kinds of property accidents that a skilled local attorney could seek damages for on behalf of an injured victim.
A fundamental principle of premises liability law is that landowners must conduct routine inspections of their property to spot hazardous conditions and make repairs or warn visitors before harm occurs. Those who fail to fulfill this duty may be financially liable for any injuries that occur as a result of their negligence.
However, the Charleston courts will consider whether a claimant acted in a way that contributed to their accident. The so-called “open and obvious” doctrine provided by W. Va. Code §55-7-28 states that a property owner will not be found liable if a visitor is harmed by a danger that is in plain sight and should be avoided without additional warning. If a hazard is determined to be open and obvious, the claimant will be barred from recovering financial damages. Because these cases rely heavily on specific facts, anyone considering a premises liability claim should consult a well-practiced attorney who could conduct an investigation of the Charleston accident site and gather evidence.
Premises liability is a fairly broad area of law, given the variety of scenarios in which injuries can occur. Because most premises liability claims are brought for catastrophic injuries with long-lasting consequences, compensation awards can be substantial. Successful plaintiffs may be able to receive payment for economic and non-economic damages, including:
Charleston residents who are considering civil action for their injuries should discuss what types of compensation may be available with a dedicated premises liability lawyer.
When a property owner or manager fails to meet their duty to visitors, those victimized may need financial compensation to recover from their costly injuries. Civil action could also help in regaining a sense of accountability for undeserved suffering. If you or someone close to you was harmed due to a property owner’s negligence, let a Charleston premises liability lawyer work for fair compensation on your behalf. Call today for a case review and consultation.
Jan Dils, Attorneys at Law