Premises Liability Attorney | Shaffer & Shaffer

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Shaffer & Your Safety on Other People’s Property

When you visit a store, office, or even enter someone else’s home, it’s reasonable to expect you’ll be safe. Things can go wrong, however, when there’s a hazard on the property that causes you to be seriously hurt.

Whether it’s a slip and fall or another kind of accident, the injuries can bring high medical bills, lost income, and mounting frustration that you’re in this situation because of someone else’s negligence.

Owners are required to keep their properties in reasonably safe working order. It’s called “duty of care.” But not everyone is so responsible. You could make a personal injury claim under West Virginia’s premises liability laws.

Financial compensation could cover expenses caused by your injury, letting you heal and move on.

A premises liability claim can also compel a property owner to think twice before neglecting to fix a dangerous hazard.

Shaffer & Shaffer’s premises liability attorneys, working out of our offices in Charleston and Madison , have been helping West Virginians for more than a century. Together, our attorneys have more than 200 years of professional experience.

When you’re hurt while visiting another property, we’re here for you every step of the way.

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Common Hazards We See in Premises Liability Cases

Injuries on unsafe property bring slips and falls to mind for many people. But there are many hazardous situations property owners and managers can neglect to fix that cause serious injuries.

Negligence is basically an owner’s failure to keep their property reasonably safe for everyone. You will have to prove that they knew or should have known about the danger and either failed to repair it or warn you about it.

Examples of negligence on a property include:

Icy sidewalks, water in aisles or hallways, or uneven surfaces. Major causes of slip-and-fall injuries
Harboring dangerous animals. Dog bites or dangerous wild animals kept on site
Falling objects. Poorly stocked high shelves, loose branches, improperly installed shingles, improperly secured ladders or scaffolding, unsafe pools, poorly mounted overhead signs
Defective products. Playground equipment, furniture, appliances, tools, cars and car parts, medical devices
Poor security. Broken locks, bad lighting, unwatched parking lots

When these conditions lead to injury, the pain and suffering can be serious. Our Charleston premises liability lawyers have seen broken bones, head injuries, and dislocations.

If you’re wondering if you have a case, the Shaffer & Shaffer premises liability attorneys know what to look for. Talk to us to see if you have a path for compensation. The conversation costs you nothing.

You pay no attorney fees until you win a settlement or an award.

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How To Prove Your Premises Liability Case

Every premises liability case is unique, but they share some common steps that a premises liability lawyer can help you with.

Gathering evidence. This involves documenting your injuries, talking to witnesses, and recounting what you experienced.

Proving negligence. You’ll need to show that the owner did little or nothing to fix the problem—or warn you about it. West Virginia is a “comparative negligence” state, meaning if your actions played a part in your injuries, your compensation could be less. For example, if you slip and fall on a wet floor, but you were running and the owner had a “Wet Floor” sign, your settlement could be reduced by the percentage determined to be your fault.

Negotiating compensation. Premises liability cases aren’t always clear-cut, and it may take extensive negotiations with the property owner or their insurance company to reach a reasonable settlement.

Going to trial. If you can’t reach an agreement, a court could decide the outcome. You want someone strong representing your interests.

West Virginia law has a rule that can limit a property owner’s liability.

It’s called the “open and obvious risk” defense. When a hazard is easily noticed and a visitor could be reasonably expected to avoid it, then the ability to hold a property owner responsible becomes harder.

Property owners still have a duty of care to protect visitors. A major exception is trespassers who aren’t supposed to be on the property in the first place. In these cases, the owner is only obligated not to deliberately create conditions that could harm someone.

In a premises liability case, it takes an experienced attorney to ensure you get the maximum compensation you deserve. Shaffer & Shaffer has handled thousands of cases. We know the types of payment you’re eligible to receive.

We’re with you every step of the way, from gathering evidence to proving negligence.

When you’re hurt on poorly maintained property, give us a call. We’ll do everything we can to help you put your trauma behind you and get back living your life to the fullest.

Shaffer & You: Why Work with Us?

Everyday West Virginians can get legal help from one of the most established and respected law firms in the state: Shaffer & Shaffer. Our firm is over a century old and still going strong because we put the needs of our clients first—always.

West Virginia lawyers Ryan Walters and Chip Shaffer from Shaffer & Shaffer at a conference table in front of a laptop, law books behind them. We provide answers to your personal injury questions.

Have a Question about Personal Injury Claims?

After a life-altering accident, you’re understandably upset, confused and full of questions. To help you get a sense of what’s next, we’ve prepared answers to common questions about personal injury claims and other legal cases.

Injury FAQs »