West Virginia Premises Liability Lawyer

What duty does a West Virginia property owner owe a visitor?

West Virginia owners owe reasonable care under the circumstances to everyone lawfully on their property. Unlike many states, West Virginia does not separate business visitors from social guests when deciding the duty owed.

That means a customer in a store and a guest at a friend's home are both owed reasonable care. Courts look at factors such as how foreseeable the harm was, how serious it could be and how hard it would have been to prevent. Trespassers are treated differently and are owed much less, though special rules can protect children.

Can an open and obvious hazard defeat a West Virginia fall claim?

It can. West Virginia law recognizes that owners generally do not have to warn about hazards that are open and obvious to a reasonable visitor. Owners often raise this defense in fall cases.

That defense has limits. A hazard may not have been obvious because of poor lighting, distractions, crowding or the way it blended into the floor. A broken step painted the same color as the rest of the staircase, or a spill on a shiny floor, may not be obvious at all. Photos taken right away often decide these disputes.

How does the 50% fault rule affect a West Virginia premises claim?

Your recovery is reduced by your share of fault, and you cannot recover if you are found more than 50% responsible. Owners often argue the visitor was not watching where they walked.

Here is a worked example. A shopper slips on a patch of ice outside a store entrance in Charleston after staff skipped the morning salting. The shopper's damages total $70,000. The store argues the shopper wore the wrong shoes and was carrying bags that blocked the view.

• If a jury finds the shopper 20% at fault, the recovery is $56,000.
• If a jury finds the shopper 60% at fault, the recovery is zero.

Store salting logs, weather records and video can show how long the ice was there and whether staff acted reasonably.

Who is responsible for snow and ice injuries in West Virginia?

Owners must act reasonably once snow or ice creates a hazard. They are not expected to clear every flake during a storm, but they must address hazards within a reasonable time after conditions develop.

Freeze-thaw cycles in the mountains create refreezing patches near downspouts, gutters and poorly drained walkways. Landlords may be responsible for common areas they control, such as parking lots and exterior stairs. Questions that often decide these cases include when the owner last inspected, whether salt or sand was used and whether a known drainage problem was ignored.

Can you bring a claim after a rafting, skiing or resort injury in West Virginia?

Sometimes. West Virginia has statutes that define the risks whitewater rafting guests and skiers accept and the duties outfitters and ski area operators owe. Those laws can limit claims for inherent risks of the activity.

A claim may still exist when an operator broke a specific duty, used unsafe equipment or created a hazard beyond the normal risks. Resort lodges, restaurants, pools and parking areas are often treated like ordinary premises. Hotels, racetrack casinos and entertainment venues can also face claims for falls and inadequate security when harm was foreseeable. Keep copies of tickets, waivers and incident reports.

What steps protect a West Virginia premises claim?

Report the incident, document the hazard and get treatment. Most premises claims must be filed within 2 years in West Virginia.

1. Report the incident and ask for a copy of any report.
2. Photograph the hazard, lighting, signs and your shoes.
3. Get names of witnesses and employees.
4. Seek medical care promptly.
5. Ask the owner in writing to preserve surveillance video.

If the hazard was on public property, special rules and immunities may apply, so raise it early. Our government and public property injury claims page explains those issues, and our premises liability page covers how we review falls and unsafe property. If a dog was involved, see dog bites and animal attacks. For more on statewide rules, visit our West Virginia injury law hub. We offer a free case review, and there is no fee unless we win.