premises liability and fall injury

The state of West Virginia enforces standards of care for all property owners in that they are required to inspect their buildings for unsafe conditions and correct them. If a visitor falls and becomes injured on their property, the owner is accountable and must complete a property insurance or liability claim to cover all medical requirements for the victim. If the property owner doesn’t, the victim may have a viable premises liability claim against the owner. 

Knowledge of the Hazard

The first point to be proven in a premises liability case is whether the property owner was aware of the hazard. The location of the hazard must be a reasonable place where there is no way the owner couldn’t have overlooked it or been informed by others about it.

The claim must prove that the property owner owed the victim a duty to maintain a safe building but failed. The evidence must show that it was the hazard in question and not any other conditions that caused the victim to fall and become injured. Victims who need to enforce a liability for a fall injury get started by contacting an attorney now. 

Falling on Someone Else’s Property 

Any condition that could make a visitor call and sustain bodily harm is classified as a premise liability if it happens on another person’s property. In commercial spaces, there are several circumstances that could cause a fall.

A customer could fall on a wet floor where no signs are there to warn them of the slippery conditions. If there is uneven flooring, they could lose their balance and fall over. When property owners allow others into their property, they must follow measures to keep the space safe and hazard-free. If the owners don’t, they could face a lawsuit if they do not compensate the victims. 

What Evidence Does the Victim Need?

The victim needs a credible eyewitness that saw them fall and medical records showing their injuries. The records must be conclusive with the events detailed by the victim. They will need images of the hazard that caused the fall, and if possible surveillance footage from security cameras that captured the fall and injuries. If the victim developed a permanent condition because of their injuries, they may need a doctor to testify about their injuries and how the injuries affect their life and ability to support themselves. 

What Damages Do Victims Collect?

After substantiating their claim and proving they had a legal right to be on the property, the court may award the victim with certain economic losses such as their medical costs related to their injuries.

If they lost wages while recovering, the victim may receive these financial losses, too. If their injuries were severe, the court may order some non-economic awards for pain and suffering, mental anguish, and any physical losses such as a loss of limb or organ function.  

Premises liabilities are the result of a failure to maintain a property where visitors are allowed. The laws pertain to commercial and residential properties, and any victim who sustains an injury on another person’s property can file a lawsuit for compensation. The first task for the victim is to prove that they had a lawful reason to be on or inside the property. By hiring an attorney, a victim could get the help, they need to present a viable case in court.  

By Hemant Kumar

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