Freda J. Lee v. Wal-Mart Stores, Inc.

Beckley, West Virginia personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liability negligence theory.



This case was filed in the Circuit Court of Greenbrier County, 22-C-122, and was removed to federal court by the Defendant.



West Virginia Premises Liability Law: Keeping You Safe on Other People's Property



Premises liability law in West Virginia protects you from harm when you're injured on someone else's property due to their negligence. Let's delve into the key aspects of this legal area:



Duty of Care:



Property owners and occupants have a legal obligation to maintain their premises in a reasonably safe condition. This means taking reasonable steps to prevent foreseeable hazards and ensuring the property is fit for its intended use.



The level of care expected varies depending on your legal status on the property:



Invitees: Those expressly or impliedly invited, like customers or business guests, receive the highest duty of care. Imagine a well-maintained grocery store aisle free of spills or tripping hazards.

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Wellmaintained grocery store aisle

Licensees: Those entering with permission for their own benefit, like social guests, receive a lower duty of care. Think of a friend's house where you might be expected to watch out for uneven steps.

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Uneven steps in a house

Trespassers: Those entering without permission generally receive the least duty of care, though willful or wanton negligence towards them can still result in liability.



Causes of Action:



Premises liability cases can arise from various situations, including:



Slip and fall accidents: Wet floors, uneven surfaces, or poorly maintained stairs can lead to injuries.

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Slip and fall accident on wet floor

Negligent security: Inadequate security measures can lead to assaults, robberies, or other harm.

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Inadequate security at a property

Defective conditions: Unrepaired holes, faulty railings, or malfunctioning equipment causing injury.

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Unrepaired hole in a sidewalk

Swimming pool accidents: Drowning, diving injuries, or other accidents due to improper maintenance or supervision.

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Drowning accident in a swimming pool

Dog bites: Dog owners are generally liable for bites inflicted on others on their property.



Comparative Negligence:



West Virginia follows a comparative negligence system. This means both the injured party and the property owner can be partially responsible for the accident. Damages are then awarded based on the percentage of fault attributed to each party.



For instance, if you're 30% at fault for a slip and fall accident due to not wearing proper footwear, your compensation from the property owner would be reduced by 30%.



Statute of Limitations:



Generally, you have two years from the date of your injury to file a premises liability lawsuit in West Virginia. Don't delay seeking legal advice to ensure you meet this deadline.



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Settled for an undisclosed sum and dismissed with prejudice.