Kaufman & McPherson, PLLC has served victims for more than 30 years. We are West Virginia premises liability lawyers representing injured people in compensation claims. If you have been hurt on someone else’s property, contact us.
West Virginia Premises Liability Attorney
If you have been hurt because of a dangerous property condition, you may receive monetary compensation. Our attorneys represent people in claims for payment. There is a legal process to receive the monetary award that you deserve. We have the skills and experience that have gotten results for our clients since 1991. Call or message us for your free consultation.
Representing Victims of Dangerous Property Conditions
You may receive monetary compensation if you have been hurt because of a dangerous property condition. Premises liability cases are a type of civil case often called a personal injury claim.
- The property owner may be at fault for your injuries.
- The property may be a business, another organization, or owned by an individual (e.g. a home).
- Many claims are settled through insurance.
- To receive compensation, you must pursue it. You may negotiate through insurance, and you may file a formal legal claim.
- You must prove legal liability and the amount of compensation.
Insurance companies don’t want to pay so it’s important to have an attorney represent you in the legal proceedings.
At Kaufman & McPherson, PLLC, we fight for the best interests of our clients. From the time you hire us, we advocate for you and your compensation. See why our attorneys have been named to the Top 100 by The National Trial Lawyers. When you work with our attorneys, we’ll aggressively fight for your success.
What is Premises Liability in West Virginia?
Premises liability is the legal liability that a property owner has when someone is hurt because of an unreasonably dangerous property condition. Someone who owns, leases, or otherwise controls property may have a legal duty to keep the property safe for people who enter it.
Allowing a dangerous condition to exist can make the property owner liable for an injury.
The existence of such a duty is no longer absolute. Recent legislative changes have weakened the law by stating that the landowner has no duty to prevent hazards that are open, obvious, or as well known to the victim as the landowner. This change complicates these cases, and we often must brief and win motions for summary judgment to be able to get claims before a jury.
Common Types of Premises Liability Cases
- Slip and fall, substance on the floor, slippery floor, trip, and fall
- Animal attacks
- Electrical hazards, fire
- Drowning, pool, water hazard
- Broken stairways, escalators, and elevators
- Poor lighting
- Inadequate security, assault and battery
- Jostling, injury from crowds
- An object falling from above
- Amusement park, theme park accidents
- Inadequate maintenance, malfunctioning equipment
- Construction site incidents
- Chemical, toxic poisonous exposure
- Car accident, pedestrian accident
When you first think about what happened, it may not seem like it is the property owner’s fault. I feel—how is that the property owner’s fault? The property owner may have left an object where people could trip over it or have had poor lighting or overcrowding of furniture, for example.
Property owners have a legal duty that crosses into many areas of safety and security on their property. When these measures fail, the victim may have a liability claim.
Proving Negligence in a Premises Liability Claim
A premises liability claim is based on proving negligence. Negligence is doing something unreasonable or failing to do something that a reasonable person would do. Quite simply, it’s not doing enough, and then someone gets hurt as a result.
Proving negligence depends on facts. As your WVA premises liability attorney, we investigate and build your case. We can demand the preservation and production of evidence and use the legal process to depose witnesses, inspect the scene, and work with experts to explain what happened. Our case-building begins as soon as we represent you.
No two cases are alike. We’ll customize a strategy for your case.
Injuries Resulting from Unsafe Property Conditions
Unsafe property conditions can result in serious injuries and harm. When you least expect it, your whole life may change. You might experience injuries, such as the following:
- Traumatic physical injuries like broken bones, brain trauma, spinal cord injury, and organ damage
- Physical scars and disfigurement
- Impairment of your life and activities
- Physical pain
- Mental injury, including anxiety, flashbacks, guilt, irritability
- Emotional suffering
- Lost income if you are unable to work
- Cost of personal care needs or replacement household services
- Medical and mental health care expenses
The purpose of a premises liability claim is to compensate you fairly for these losses.
Contact an Experienced West Virginia Premises Liability Lawyer
You can have a consultation with an experienced West Virginia premises liability lawyer at Kaufman & McPherson, PLLC. There’s no cost or obligation. We want you to learn about your rights and what your case may be worth. We’ll answer your questions and explain how our attorneys help people like you.
