When you go to someone else’s property – whether it’s a business, a government building, or someone’s home – you expect that it will be reasonably safe. That’s a valid expectation, and the law says you have that right.
Unfortunately, some property owners fall short of their duties when it comes to maintaining a safe facility. If you have been hurt in an accident caused by an unsafe condition on someone else’s property, you may be entitled to compensation for your losses.
This area of law is known as “premises liability,” and it covers many different situations, such as:
- Falls, including slip-and-fall accidents and trip-and-fall accidents
- Dog bites and attacks
- Swimming pool injuries
- Assaults caused by inadequate security at hotels, apartments, stores and other facilities
- Injuries caused by poorly maintained stairs, electrical systems, walkways and other structures
- Construction accidents caused by dangers on the worksite
- Injuries due to poor lighting
Jim Leach Helps People Hurt on Dangerous Properties
Jim Leach, L.C., in Parkersburg, our premises liability lawyers have encountered almost every possible scenario. Any land or building which is open to the public must be kept safe for use, and when safety is neglected, the owner of the premises can be held liable for any resulting injuries.
If you have a serious case, you better have a serious lawyer like Jim Leach:
- Jim has years of experience helping people injured on the properties of others get the compensation they are entitled to. Most of the time that involves negotiating with big insurance companies to pay claims, and not directly with the property owner.
- Jim Leach is a former prosecutor who has strong community ties and is well-equipped to understand your values, point of view, and aims.
- He knows how insurance companies operate and how they determine a settlement value for your individual case.
- We will take your case only if we believe we can put you in a better situation with our help.
- Attentive client service and frequent communication are our priorities.
- Our advanced case management system keeps your case moving forward so that nothing falls between the cracks.
Want to find out how Jim Leach, L.C. can help you with your premises liability claim? Talk to Jim today about your case. The consultation is free and we charge no attorney’s fee until you get paid. Maybe all you need is a little advice. If so, happy to provide that at no cost.
Questions About Premises Liability
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.
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.
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.
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.
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.
Types of Premises Liability Accidents
Here are some examples of how premises can be dangerous, and the types of accidents that can result:
- In apartment buildings – Broken steps, unsecured swimming pools, inadequate lighting, and poor or absent door locks can lead to slip-and-fall accidents, drowning, and trespassing or break-ins which may involve assault or rape.
- In shops – Poor retail layout and poorly constructed displays can lead to stumble-and-fall accidents and injury to young children who may not be easily visible to other customers. Failure to alert customers of wet floors may lead to slip and fall injuries.
- On construction sites – Poorly maintained equipment, unstable work surfaces, and defective electrical wiring can lead to burn injuries, brain injuries, neck injuries, back injuries and broken bones.
- Private homes – Poorly maintained stairs, floors, electrical work, walkways, or yards can lead to serious personal injury. Dogs and other pets also pose a risk of injury to visitors.
West Virginia premises liability lawyer Jim Leach and his associates have represented many victims of dangerous premises conditions, and they have the skills to help you seek the compensation you deserve. If you or a loved one has been injured by a property owner’s negligence, our lawyers are here to protect your rights.
Some states make it more difficult for claimants to recover compensation for injuries caused by dangers on properties. They use a doctrine called “open and obvious hazards” to block claims from people who were hurt by dangerous conditions that are considered obvious. The West Virginia Supreme Court abolished that doctrine in a 2013 ruling.
Injuries Caused by Accidents on the Properties of Others
Depending on the type of accident, the victim in a premises liability case may suffer a wide variety of injuries. Some of the most common include:
- Broken bones, particularly broken hips
- Traumatic brain injuries (TBI)
- Spinal cord injuries, including paralysis
- Wounds from a dog attack
- Ankle, knee, hip, wrist, elbow and shoulder injuries
- Deep cuts and severe bruises
- Back and neck injuries
- Emotional trauma due to assault or rape
- And many others
Compensation You Could Recover in a Successful Premises Liability Case
There are many kinds compensation that you could recover for your injuries if someone else is shown to be at fault for your accident. Examples include:
- Medical expenses, including future medical expenses
- Emotional distress
- Pain and suffering
- Permanent disability
- Loss of enjoyment of life
- Lost earning capacity
- Lost wages
- Loss of consortium
- Wrongful death benefits, if you lost a close relative
Find Out Now How Jim Leach Can Help
If you or a loved one has been hurt in an accident on someone else’s property in Parkersburg or surrounding areas of West Virginia and Ohio, please contact experienced premises liability lawyer Jim Leach today to schedule a free initial consultation. Jim is a serious lawyer who gets results for injured people with serious cases.
Jim Leach, L.C. will give you a free consultation so you can explain your circumstances to us.
We will take time to answer all your questions, ensuring that every detail has been gathered. Once all the facts are organized, Jim will determine your best options for seeking maximum compensation.
Contact us now for a free claim review and free advice about your legal options.