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Premises Liability Archives

Skate parks and insurance claims

Municipalities in West Virginia may be reluctant to build skate parks for their residents due to concerns about liability. However, more injuries occur per number of participants in other sports, such as basketball, football, volleyball, hockey, baseball and soccer, according to the Skate Park Association of the United States of America.

Trampoline parks can be dangerous

As trampoline parks become more and more popular, West Virginia residents and parents may not be too surprised to learn that the rate of injuries at these parks are increasing. According to a study, injuries that occurred in trampoline parks increased from about 600 cases in 2010 to nearly 7,000 cases in 2014.

Property owners may be liable for injuries to trespassers

West Virginia homeowners are not obligated to protect those who trespass upon their property. However, they should be aware that they cannot willfully cause injury to any who do trespass. This law can become an issue for homeowners with frequent trespassers as they may find themselves liable for injuries any people, even the uninvited ones, sustain if their properties are left in an unsafe condition.

Maintenance and safe operation important on ski lifts

While some people in West Virginia might think of ski lifts as dangerous devices, experts say that the ride to the ski resort in the car is actually riskier. However, that does not mean that accidents on ski lifts do not happen, and they may occur if ski lifts are not properly maintained or operated. From 1973 to 2011, 12 people had died as a result of ski lift malfunctions.

Business owners and winter safety

Many West Virginia residents make their own homes safer in the wintertime by shoveling snow and checking walkways for ice. Business owners also have a responsibility to remove ice and snow where people will be walking. If a business owner fails to make their premises safe during cold weather conditions, employees and customers could get injured and potentially file a lawsuit.

Premises liability and firearms

Tenants who own firearms or who may have people on premises they rent who are carrying firearms as well as residential and commercial landlords should have a good understanding of West Virginia law regarding firearms and premises liability. It is also important to understand local law. If employees or other people invited onto the property have firearms and they cause injury to someone, whether accidental or deliberate, there could be legal liability for the property owner or the person responsible for the property.

6 people injured on amusement park ride

West Virginia residents have likely heard about some of this summer's incidents of amusement park injuries and deaths, including the Kansas boy who was killed while riding on a water slide. In another case in Connecticut, six people who were on an amusement park ride were injured after receiving electrical shocks.

Commercial properties and premises liability

Businesses in West Virginia owe a duty of care to all of the customers that enter the building they occupy. Even if a business owner does not own the building where the business is located, the owner is usually liable for accidents that take place on its premises. That's because most commercial leases have provisions that make safety the tenant's responsibility rather than the landlord's.

Hotels and personal injury liability

Personal injuries that occur on the property of hotels can sometimes happen because of the negligence of the hotel owners who may be held responsible. However, not all injuries can legally be considered the fault of the hotel. West Virginia residents should be aware of all of the factors involved in filing a personal injury claim.

Owners of swimming pools must keep guests safe

Pool owners in West Virginia may invite friends and family to swim during the summer months. Before allowing other people to use their pool, owners should make sure that they are taking appropriate safety precautions. If someone is injured in a private pool, the pool owner could be held financially responsible under certain circumstances.

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