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Overview of inadequate security claims

This blog has previously discussed how Charleston, West Virginia, residents, whether they are visiting a business or even a private residence, have the right to expect that they will be safe from physical dangers while on that property.

If the landowner is careless, for instance, in taking care of their property and getting rid of hazardous conditions, then a victim of a slip-and-fall or other sort of injury can sue for compensation for their medical bills, lost wages and other damages to which they are legally entitled.

Although an emerging area of the law, this principle also applies when it comes to a landowner's protecting visitors from criminal activity.

Traditionally, landowners have not been held responsible for criminal activity on their land, as the thought was that the perpetrator of the crime was the true responsible party.

More recently, however, some courts have held businesses and other institutions liable when a visitor or person with permission to be on the land gets attacked or is otherwise the victim of criminal activity.

Even to this day, a landowner is likely not going to be liable for a random and totally unexpected crime on their property. However, when there are situations in which the landowner could anticipate additional criminal activity, they have a duty to hire security or otherwise try to do something about it. If they fail in this obligation, future crime victims may be able to file a lawsuit against the landowner on whose property the crime occurred.

While in theory a West Virginia resident can file a personal injury case alleging inadequate security, the details of doing so can be complicated. Specific questions about whether one has a good case for an inadequate security claim should be addressed to an experienced West Virginia personal injury attorney.

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Charleston, WV 25301

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