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What You Need to Know About Unsafe Property Claims

If a property owner has failed to adequately maintain their property, whether it’s a building, business, or other premises, you could be eligible to file an unsafe property claim if you are injured. In the state of West Virginia, all property owners are required to maintain their property in a reasonably safe condition for all non-trespassers. The exact nature of this duty depends on the property and the ownership along with the relationship between the owner and those who they are inviting to their premises.

For example, the highest degree of care must be given to people who are explicitly invited onto a premises by an owner. If you knowingly invite someone to your home or open your doors for business inviting customers in, you are expected to provide them with the highest degree of care for their safety. The second-highest is for those who are not explicitly invited to a property, but their presence at any point is assumed. A gardener or pool cleaner who you hire to come perform weekly maintenance at your home would be considered in this category.

Now, this does not mean that you are not required to afford any safety to trespassers. In fact, a trespasser comes onto your property and is injured as a result of a property feature specifically designed to endanger or injure trespassers, you could still be held liable for their condition.

Examples of Unsafe Property

Dangerous Property comes in a number of forms, all of which could hold the property owner liable for the damages they cause. Here are just a few types of accidents that could be eligible to be classified as an unsafe property claim:

  • Slip-and-fall injuries, particularly on wet or slick surfaces
  • Balcony, porch, stairwell, or other structural collapses
  • Improperly lit hallways or lobbies
  • Falling or improperly secured objects or structures
  • Car or pedestrian accidents caused by a poorly-designed parking lot
  • Dog bite injuries
  • Violent assault due to improper security

If you or a loved one has been injured by dangerous property, a West Virginia personal injury attorney may be able to assist you. At Berthold Law Firm, PLLC, we have over 40 years of experience standing up to defend the rights of the injured, and have earned a substantial record of successful case outcomes. Our accolades include an AV® Preeminent™ rating from Martindale-Hubbell® as well being named one of the Best Lawyers in America®, which stand as a testament to our dedication to ethical practices and exceptional professional abilities.

Schedule your initial consultation today! Call Berthold Law Firm, PLLC at 304.605.2040.