West Virginia Premises Liability Lawyers

By J. Brandon Shumaker and J. Tyler Slavey  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated November 4, 2026

A fall on a wet floor, a broken stair or an icy walkway can cause fractures, head injuries and back injuries that take months to heal. When the fall happened because a business, landlord or other property owner did not take reasonable care, the injured person may have a claim for the harm it caused.

Slavey & Shumaker PLLC helps people hurt on someone else’s property in Morgantown and throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. We investigate how the injury happened, preserve the evidence and pursue compensation from the people and insurers responsible. For an overview of our injury practice, see our personal injury lawyers page.

1. What Premises Liability Means

Premises liability is the area of negligence law that covers injuries caused by unsafe conditions on property. It can apply to stores, restaurants, apartment complexes, parking lots, hotels, office buildings, private homes and other places people visit. The responsible party may be the owner, a tenant or business that controls the space, a property manager or a contractor that created or was responsible for the hazard.

2. The Duty Property Owners Owe in West Virginia

West Virginia once gave different protection to “invitees,” such as customers, and “licensees,” such as social guests. In Mallet v. Pickens, 206 W. Va. 145, 522 S.E.2d 436 (1999), the Supreme Court of Appeals of West Virginia abolished that distinction. Landowners and possessors now owe any non-trespassing entrant “a duty of reasonable care under the circumstances.” For trespassers, the Court kept the traditional rule that the owner “need only refrain from willful or wanton injury.”

In deciding whether an owner used reasonable care, the Court directed juries to consider the foreseeability that an injury might occur, the severity of the injury, the time, manner and circumstances under which the injured person entered the property, the normal or expected use of the property, and the burden on the owner of guarding against the injury (Mallet, syllabus point 6).

3. The Open and Obvious Rule

Property owners and their insurers often argue that a hazard was “open and obvious.” Under W. Va. Code § 55-7-28(a), a possessor of real property, including an owner, lessee or other lawful occupant, owes no duty of care to protect others against dangers that are “open, obvious, reasonably apparent or as well known to the person injured as they are to the owner or occupant.” The Legislature enacted this provision in 2015 to restore the open and obvious doctrine as it existed before the Supreme Court of Appeals decided Hersh v. E-T Enterprises, Limited Partnership, 232 W. Va. 305 (2013) (§ 55-7-28(c)).

Whether a particular hazard was open and obvious depends on the facts. A spill that blends into the floor, a broken step in poor lighting or a hazard hidden by merchandise or crowds may not be obvious at all. Photos, video and measurements taken soon after the fall are often the best evidence on this issue.

4. Premises Liability Cases We Handle

5. Injuries on Government Property

Different rules apply when the property belongs to a city, county or other political subdivision. Political subdivisions are generally immune from liability (W. Va. Code § 29-12A-4(b)(1)), but they are liable for injuries caused by their negligent failure to keep public roads, streets, sidewalks and public grounds open, in repair or free from nuisance (§ 29-12A-4(c)(3)), and for injuries caused by the negligence of their employees within or on the grounds of buildings they use (§ 29-12A-4(c)(4)). They are immune from claims resulting from snow or ice conditions or temporary or natural conditions on any public way or other public place due to weather, unless the condition is affirmatively caused by the political subdivision’s negligent act (§ 29-12A-5(a)(6)).

Claims involving property owned by the State, such as state agencies and state universities, follow other rules. If you were hurt on public property, talk with a lawyer promptly so the right rules and deadlines are identified.

6. Evidence That Matters After a Fall

Our consultation checklist lists what to bring to a first meeting.

7. Comparative Fault and Compensation

West Virginia uses modified comparative fault. Your share of fault does not bar recovery unless it is greater than the combined fault of all other persons responsible, and your recovery is reduced in proportion to your fault (W. Va. Code § 55-7-13c(c)). Insurers in fall cases often argue that the injured person was not watching where they were going, so documenting the hazard and the conditions matters.

When a fall causes a death, the family’s claim is governed by the wrongful death statute; see our wrongful death page. For injuries with long-term effects, see our serious injury page.

8. Filing Deadlines

Most West Virginia personal injury lawsuits must be filed within two years after the right to sue accrues (W. Va. Code § 55-2-12(b)). An action against a political subdivision generally must be brought within two years after the cause of action arose or after the injury was discovered or reasonably should have been discovered, whichever last occurs (§ 29-12A-6(a)), and claims for children under 10 have special rules (§ 29-12A-6(b)). Evidence in fall cases disappears quickly, so it is best not to wait. See our statute of limitations guide for more on deadlines.

9. Why Choose Slavey & Shumaker PLLC

Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, practice from our office at 174 Chancery Row in Morgantown, beside the Monongalia County Courthouse. We investigate the property, identify every responsible party and insurer, document your injuries and losses, negotiate from a position of preparation and file suit when that becomes necessary. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.

10. Frequently Asked Questions About Premises Liability

This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.