Defective Property Conditions

Elkins Attorney Skilled in Premises Liability Lawsuits

If you were hurt on someone else’s property or business, you may be able to seek compensation from whoever owned or controlled the area where the defective property condition existed at the time of the accident. Don’t let the complications of filing a lawsuit deter you from speaking to a knowledgeable attorney. At the Wolfe Law Firm in West Virginia, Elkins premises liability lawyer Dorwin J. Wolfe understands what it takes to establish negligence when an individual is injured on someone else’s property. With years of experience, we have represented clients from Marion County, Monongahela County, Randolph County, and throughout the state.

Defective Property Conditions Can Cause Serious Injuries

No matter what causes an accident on a property, the emotional and physical results can be devastating. To make things worse, these incidents are usually accompanied by heavy financial costs for treatment and related matters. Premises liability claims in West Virginia often arise from defective property conditions. These can include:

  • Broken or uneven sidewalks
  • Defective or missing handrails on stairs
  • Slippery floors due to liquid or substance spills
  • Missing, defective, or broken stairs
  • Obstructed pathways, passageways, sidewalks, stairs, or aisles
  • Defective windows or doors
  • Loose tiles on the floor or ceiling
  • Dangerously displayed goods or merchandise
  • Inadequate or no lighting
  • Defective or malfunctioning elevators or escalators

The most common result of defective property conditions is that people tend to slip and fall or trip and fall on the property, which can lead to bodily harm.

Pursuing Compensation After an Accident

Property owners are obligated by law to maintain their premises in a reasonably safe condition. When property owners fail to do this, they should be held accountable if someone gets hurt. Establishing negligence in West Virginia in this context requires the victim to prove that one of the following conditions was true at the time the accident occurred:

  • The dangerous condition was created by the property owner, or the property owner failed to fix it;
  • The property owner was aware of a defect or danger on the property and failed to fix it or warn others of it within a reasonable time frame
  • A defect or danger on the property existed that the property owner knew or should have known about but failed to notice due to carelessness or inattention

The victim must have suffered quantifiable injuries because of the defective property condition to be able to seek compensation. These cases can be highly complex, so it is important to consult an experienced attorney. The attorney can help you try to show not only that the dangerous condition existed but also that property owner had actual or constructive knowledge of that condition.

If your accident was the result of the negligence of a property owner, you may be able to recover compensation for medical bills for past, present and future care. You also can seek damages for lost wages and benefits, pain and suffering, loss in your earning capacity, and any other losses arising from the accident. While punitive damages are not common, you may be able to obtain them if you show that the property owner’s conduct amounted to a reckless, wanton or willful disregard for safety.

Discuss Your West Virginia Injury Case with a Knowledgeable Elkins Lawyer

The laws surrounding premises liability are complex. Before you can decide whether you want to pursue a claim against a property owner, you deserve to know the facts. This is a place where we can help. Injury attorney Dorwin J. Wolfe can help you understand your legal options in West Virginia and devise a plan based on your situation. Our team has years of experience in recovering compensation for our clients. We take pride in getting to know our clients and providing them with the most professional and competent representation. Call us today at 877-637-5756 or contact us online for a free initial consultation with an Elkins attorney.