Premises Liability Defense

Premise Liability Defense

Premises liability law involves the legal responsibilities of property owners and occupiers to prevent injuries to persons on their property.

In West Virginia, property owners and occupiers face increased exposure since the Supreme Court of Appeals for West Virginia abolished the legal distinction between “invitees,” “licensees” and “trespassers.

In Mallet v. Pickens, 206 W. Va. 145, 522 S.E.2d 436 (1999), the Court limited potential premises liability plaintiffs to trespassers or non-trespassers.

West Virginia premises liability laws apply a uniform standard of care requiring the exercise of reasonable care. An owner has a continuing duty to inspect the property to identify dangerous conditions and either repair them or post warnings as appropriate.

Property owners also have a duty to provide a reasonably safe place to work and to maintain the workplace in a reasonably safe condition.

In proving a premises liability case, an injured person must prove that the owner or occupier knew or should have known of the condition causing the injury.

Many cases involve the question of when the condition occurred so that a responsible person had a reasonable opportunity to correct the condition and abate the hazard before someone was injured. In other words, the owner or occupier has a reasonable period of time in which to discover the dangerous condition and to remedy it.

The determination of what constitutes a reasonable period will vary from case to case.

We have handled cases involving claims of injury or death caused by the following:

  • Slip, trip and falls (icy sidewalks, curbs, water in aisles or hallways, etc)
  • Dog bites
  • Swimming pools
  • Security in parking lots
  • Employee injuries on the job
  • Timber trespass
  • Harboring wild animals
  • Blasting
  • Water diversion
  • Flooding

If someone has brought a claim against you for injury sustained on premises or alleged that the design and construction of the premises is inherently dangerous, the attorneys at Bailey & Wyant, PLLC can help.

Bailey & Wyant, PLLC has represented clients in both State and Federal Courts, involving premises liability and workplace claims.

Since our establishment in 2000, our defense attorneys have stood beside property owners, employers, businesses, government bodies, and their insurance companies in a wide array of premises liability and workplace claims.

The firm's extensive litigation and trial work has resulted in an experienced team of litigators respected by both the plaintiffs' bar and the courts. Our typical litigation team includes one or more members and one or more associates, as well as paralegals and other legal staff.

Because our litigation teams are usually involved from the filing of the lawsuit to its resolution, the firm provides the highest quality of work in the most cost-effective manner. Additionally, Bailey & Wyant, PLLC has access to a vast array of talented and knowledgeable experts in premises and workplace safety.

Our defense attorneys are well-versed in handling cases and are well-positioned to provide high quality representation.

Contact Premises Liability Defense Lawyers


John P. Fuller

Jordan K. Herrick

Justin C. Taylor


David L. Wyant

Mark A. Kepple