Among the many concerns of a small business owner in West Virginia is maintaining a safe property and avoiding liability issues. Legal claims are time consuming, expensive and potentially devastating to any company. If the business operates out of a physical location, anyone is a candidate to file a lawsuit if they fall while on the property.
Called slip and fall or trip and fall, these cases are essentially personal injury claims, which are referred to under a broader category known as premises liability. The general rule regarding such cases is if a person who enters another’s premises is injured due to a dangerous condition existing on the property, the injured person may recover damages for medical costs and lost income. However, legal experts can explain that there are many variables relating to who, if anyone, is liable under particular circumstances.
In a commercial business setting, there are typically multiple players who could be liable for a trip-and-fall injury. The business owner, the property owner and perhaps the management company that oversees the operation of the facility where the business is located may be responsible as a possessor of the premises. One or more may be liable if they created the condition, knew or should’ve known of the condition but failed to correct it or were in violation of a statute concerning safety.
A dangerous property condition, inadequate lighting, inadequate security or lack of repair are just a few of the conditions that may lead to a premises liability claim. A personal injury lawyer is best able to determine if the circumstances of a particular incident warrant the filing of a claim.