Premises Liability Lawyer
Serving West Virginia and Ohio
Dangerous Premises FAQ
My daughter was hurt in my neighbor’s yard. Do I have any legal recourse?
Yes, if you want to use it. All property owners are responsible for keeping their property safe for visitors. This is one of the purposes of homeowner’s insurance. This is especially true in the case of children, who may not perceive dangers that an adult would immediately see. If your daughter was invited into your neighbor’s property, it was the job of that neighbor to make sure things were safe for her. If she trespassed, or engaged in behavior that could have hurt her anywhere, like climbing a tree too high, or teasing a leashed dog, a court might find some contributory negligence, depending on the child’s age. That could reduce the amount of compensation paid.
Who can be sued for unsafe premises? Is it only the property owner?
The owner is most often held responsible. But other entities may also be sued, such as an apartment complex manager, a janitorial service, gardening service, or security company. A tenant can sometimes be sued, as in the case of a shop owner who rents the premises.
I was attacked while walking through the City park at night. Can I sue the City?
Yes, perhaps. That would depend on several factors. In general, a property owner is not held liable for wrongful acts committed on his property. If that park is known to be dangerous at night, despite adequate lighting, signage, and maintenance, the City would not necessarily be held liable. A court might find comparative negligence on your part, for walking there at night alone. But if the park lacked adequate lighting or warning signs, for instance, the City could be held liable for that.
What compensation might I expect from a dangerous premises lawsuit?
You could be awarded damages for your medical costs, present and future; for your wage loss, present and future; and for pain and suffering. In a few cases, punitive damages are also awarded, if the court feels some punishment to the defendant is justified, by way of deterrence. If a person is killed because of a negligent property owner, the family can be awarded compensation for loss of support, loss of consortium, and all medical and burial costs.
How would witnesses be used in a dangerous premises case?
Premises liability lawyer Jim Leach and his associates would want to investigate any previous incidents on those premises, by way of showing that the owner knew or should have known there was danger present. So people familiar with the premises could help by testifying how long it’s been since proper maintenance was performed, or how long defects have been present like blown-out lights.
Jim Leach knows how to represent you assertively, and fight for your fair and full compensation. If you or a loved one have been hurt on somebody else’s property, please contact us as soon as possible. Researching a case can sometimes take a while, so the sooner we can start gathering pertinent information, the better.
Please feel free to schedule a complimentary consultation so we can start assessing your legal situation. We will start by listening to your account of things, and by asking the right questions and bringing our previous experience to bear, we’ll be able to inform you of your legal rights and start building a case for you. Call or send us an email. We look forward to hearing from you.
Our premises liability lawyer represent injured victims throughout West Virginia and Southern Ohio including the communities of Belpre, Marietta, Parkersburg, Wheeling, Athens, Jackson, Vienna, Morgantown, Charleston, Huntington, Ravenswood and Ripley.
1.866.janjim1