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A property owner is required by law to protect visitors from dangerous hazards on the premises. When a landowner fails to do so, anyone who is injured as a result may file a personal injury lawsuit with the help of an attorney to recover their losses. Property accidents can occur in many circumstances and may result in serious bodily injuries.
If you or someone you love suffered bodily injuries on another person’s property, you may bring a claim against the owner or occupier of the premises and obtain compensation for your or your loved one’s losses. Let a Parkersburg premises liability lawyer review your case and advise you on your next steps.
Any injury resulting from a dangerous property hazard could form the basis of a successful premises liability claim in Parkersburg, regardless of whether it occurred on private or public land.
Many premises liability cases involve slips, trips, and falls, as it is a property owner’s responsibility to ensure debris is cleared from walkways and that high places are blocked with railing to keep visitors safe. Property accidents in Parkersburg also commonly involve:
Premises liability claims in our area are subject to West Virginia’s Open and Obvious Doctrine. This statute may impact a person’s ability to pursue compensation from a negligent property owner.
Essentially, local landowners owe a duty of care to protect lawful visitors from hidden or obscured property hazards. This requires them to remove a hazard in a timely manner or notify visitors of its dangerous nature if it cannot be remedied in a timely manner.
The Open and Obvious Doctrine states that a plaintiff cannot pursue compensation for an injury resulting from a property hazard that was reasonably apparent. This means that if a reasonable person would have noticed the hazard and taken steps to avoid it, compensation would not be available.
Whether or not a hazard was obvious is a central issue in many local premises liability cases. With the help of a nearby lawyer, anyone injured on someone else’s property can effectively establish that this doctrine does not apply in their case.
The compensation available in a successful premises liability lawsuit will vary from case to case. The severity of a claimant’s injuries indicates the amount of medical care that is necessary and therefore directly correlates to the amount of compensation that may be available to him or her in a lawsuit. A good lawyer can also point to evidence of a claimant’s pain and suffering and emotional trauma to maximize his or her damage award. Some types of compensation routinely pursued in Parkersburg premises liability cases include:
Each case is different, meaning the compensation that one plaintiff is entitled to recover could vary significantly from another plaintiff’s damage award.
Suffering an injury due to the inaction of a careless property owner can be frustrating. In many cases, it may not be immediately apparent what your options are to recover compensation for your injuries.
A Parkersburg premises liability lawyer from our firm can review your case and offer insight on how to proceed. Call Jan Dils, Attorneys at Law, today to discuss your case with a professional.
Jan Dils, Attorneys at Law