Questions about Premises Liability

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Premises Liability

My daughter was hurt in my neighbor’s yard. Do I have any legal recourse?

It depends on the circumstances surrounding your child’s injury. All property owners are responsible for keeping their property safe for visitors. If your neighbor was negligent in maintaining safe conditions in the yard, or if your neighbor failed to adequately mark dangerous conditions, then you may be entitled to receive compensation in a premises liability claim.

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?

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. But if the park lacked adequate lighting, warning signs, or security measures, the city could be held liable for negligent security in a premises liability claim.

What compensation might I expect from a premises liability lawsuit?

You could be awarded damages for:

  • Medical costs
  • Lost wages
  • 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 premises liability case?

The West Virginia premises liability lawyer at Jim Leach Attorneys at Law will 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. People familiar with the premises could help by testifying how long it’s been since proper maintenance was performed, or how long the defects which caused your injuries have been present. If there were any witnesses to your accident, they will be used to demonstrate that your injuries were in fact caused by the property owner’s negligence.

Please contact our West Virginia premises liability lawyers today to schedule your free initial consultation. We represent injured victims throughout West Virginia and Southern Ohio including the communities of Belpre, Parkersburg, Wheeling, Athens, Morgantown, Charleston, and Huntington.