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.
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.
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.
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 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.
Every year in West Virginia, many people are bitten by dogs. These attacks can be very serious, resulting in permanent disfigurement, scarring, disability or death. Dog bite claims are quite expensive as well, with the national cost averaging around $37,000 per claim.
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.
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.
On Feb. 20, about two dozen skiers fell and 100 more were stranded when the ski lift they were riding on malfunctioned, according to reports. Of those that fell from the lift, two were slightly injured.
West Virginia residents may have heard about a fatal accident that took place last summer at a festival in a Chicago suburb. On Aug. 2, 2015, a tent collapsed during a storm at Prairie Fest in Wood Dale, killing one person and injuring several others.