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Premises Liability Archives

Orlando tragedy highlights security vulnerabilities

Like all Americans, West Virginia residents were likely horrified by the mass shooting that killed 49 people at the Pulse nightclub in Orlando, Florida, on June 12. The tragedy has security experts offering advice to bar and club owners on how to prevent or contain similar incidents on their property.

Disney knew of gator dangers well before the attack

Disney is a popular household name for West Virginia parents and their children, but tragedy struck in June when a child was killed after being dragged by an alligator into a lake surrounding a Walt Disney World resort. According to employees with Disney, the company knew about the risk that alligators in the park posed to guests for quite some time before the tragedy.

Accident that killed woman in store ruled unforeseeable

Property owners in West Virginia and around the country owe a duty of care to visitors, but that does not mean that they can be held legally responsible for every accident that occurs on the premises they own or occupy. Premises liability lawsuits, just like other negligence claims, often hinge on questions of foreseeability as building owners or tenants argue that they should not be held accountable for accidents that no amount of maintenance or planning could have prevented.

Study finds college students slip and fall regularly

West Virginia residents may not be surprised to learn that changes in balance that occur naturally as people age cause one in three elderly Americans to fall each year, but they may not know that young people may fall at an even higher rate. A report published in the scientific journal Human Movement Science looked into the fall rate of older individuals with college students, and they found that college students average one slip or fall every week.

Event organizers and operators often liable for accident costs

A company event or community carnival represents the chance for a good time, but people in West Virginia should remain attentive for hazards at recreational events. The following example of an injury at a company picnic highlights the litigation that sometimes results when a good time ends in the hospital.

Legal action taken in connection with balcony collapse

West Virginia residents may be familiar with a deadly incident that made national news in June 2015, the collapse of a California balcony during a birthday celebration. The incident resulted in the deaths of six college students as well as the injury of seven additional students when they fell 50 feet. Five of the decedents were from Ireland. Some of the families of those affected have now filed legal claims in connection with the incident. Information about the damages sought by the families has not been released.

Understanding the laws of attractive nuisances

Virginia residents may want to learn more about laws governing attractive nuisances. Generally speaking, attractive nuisances are defined as objects, conditions or structures that are hazardous and also enticing or inviting to children. The property owner may be liable for the ensuing damages if a child is hurt as a result ad certain criteria are met. The guidelines for assessing whether or not the property owner is liable for an attractive nuisance can vary from case to case.

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