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Premises Liability Archives

Woman injured in a Kroger market

West Virginia residents who have suffered injuries while inside retail establishments might sympathize with a woman who filed a lawsuit against Kroger after she suffered injuries while inside one of its stores. The complaint was filed on April 12 and alleged that the defendant failed to keep the premises in reasonably safe condition.

Nursing home residents at risk for facial injuries after falls

When West Virginia families admit their elderly loved ones into nursing homes, they expect the staff and facilities to keep the residents safe and free from injuries. However, a study found that traumatic facial injuries are common among nursing home residents due to falls.

Getting hurt in a big-box store in West Virginia

While it is common for large retailers to be sued by people who are injured in their stores, Walmart tops the list of big-box establishments that face the most lawsuits due to individuals getting injured at their locations. It is estimated that 13 lawsuits are filed against Walmart every day, which works out to around 5,000 injury suits each year.

Assumption of risk exception to premises liability

West Virginia property owners generally have a legal responsibility to maintain a reasonably safe environment for visitors and patrons. Someone hurt in a slip and fall or similar accident, however, might encounter difficulty collecting compensation for the injuries if a court finds that the person knowingly assumed the risk of a recognizably dangerous activity.

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.

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