Morgantown Premises Liability Attorneys

Experienced Personal Injury Lawyers in Clarksburg

Being injured on someone else's property can create many issues for you and your family. It can be especially problematic if wages are lost, medical bills need to be paid, and future earning are affected. Turning to an experienced premises liability attorney in Morgantown can make a difference in helping you receive fair compensation.

Examples of Premises Liability

In West Virginia, there have been some recent reversals in how premises liability cases are handled. The main question was whether a premises owner should be held liable for hazards that are “open and obvious”—in other words, risks that people should be able to easily avoid. Current West Virginia law does uphold this “open and obvious” rule, so premises liability cases may require arguing whether a risk was obvious or not.

Many types of risks can contribute to premises liability, depending on how “obvious” they are:

• Wet or icy surfaces
• Exposed wiring
• Dog bites or animal attacks
• Building security failure resulting in a break-in or assault
• Other maintenance neglect resulting in safety concerns

West Virginia's Dog Bite Laws

While pit bulls, German shepherds, and other guard dogs account for a significant portion of attacks, the truth is any dog can bite if not properly trained and handled by its owner. In fact, some studies show that small-to-medium sized dogs can be more aggressive, even if they’re less likely to inflict serious injury due to their size.

West Virginia, like some other states, follows a “one-bite rule”; this means that unless the dog has bitten someone before, or otherwise proved to be aggressive toward humans, the dog will not be put down after a biting incident. This means it is important to report biting incidents to keep dangerous animals away from the public and to keep owners responsible.

Individuals can keep dogs known to be vicious for defense. To do this, they must obtain a special license from their county assessor. Dogs have a right to protect their owner; a dog that attacks a person who is entering its owner’s property illegally or harming its owner is not considered at fault.

Comparative Negligence in West Virginia

It’s possible that a jury may determine the injured person and the premises owner are both at fault to some degree. Determining how much each party was at fault is often called “comparative negligence.” A premises owner may be ruled to be 75% responsible for an accident, leaving the claimant with 25% responsibility. This means a claimant may receive 75% percent of their medical costs in damages and must pay the remaining 25% out of pocket.

Your case rests on proving the fault of the premise owner. For that, you need an experienced attorney who understands West Virginia liability precedent and who can consider all the factors involved in your case.