West Virginia Injury Lawyer Blog

Back in July, we discussed the tragedy at the All Good Music Festival, an annual event in Marvin's Mountaintop, West Virginia. During this year's summer festival, a pickup-truck driver lost control and drove into a tent, killing one woman and injuring two others. The tragic event and the circumstances that followed led the festival's promoter, Walther Productions, to move next year's festival to Legend Valley, Ohio.

Following the accident, the women and their families sued Walther Productions and several vendors -- including the company in charge of security -- for "wanton, reckless, grossly negligent acts." Without confessing anything, Walther Productions acknowledged that there were "challenges and frustrations" in getting 12,000 fans into and out of the campground year after year. Walther Productions sought to have the lawsuits dismissed in federal court, and also filed a cross complaint that accused the festival's security company of negligence. All civil suits are expected to move forward in early 2012, and there may be criminal proceedings yet to come. The Preston County sheriff announced that the West Virginia State Police has just concluded an accident reconstruction report.

So far, the festival is expected to stay in Ohio for just one year. It remains to be seen whether Walther Productions will decide to keep it there permanently. That would be unfortunate, since the All Good Music Festival has become a popular attraction in West Virginia. There has been no word as to whether the women and their families would sue the truck driver who caused the accident.

The lawsuits against Walther Productions are likely based in the premises liability theory. That theory holds that property owners have a legal responsibility to prevent visitors to the property from being injured. When the property is opened for use by the public, these people are known as "invitees." Owners owe the highest duty of care to invitees: a duty to warn about hazards on the land that the owner knows about or should know about. Failure to warn or use reasonable care to make the property safe is grounds for a negligence claim.

Here, the women might claim that Walther Productions knew that the fair grounds had dangers, such as conditions that caused cars to sometimes veer off of established roadways, but failed to warn invitees. The women might also claim that Walther Productions breached its duty to make the fair grounds reasonably safe, such as widening the road or posting more signs, or by arranging to have more security present to prevent intoxicated people from driving.

Continue reading "After This Year's Tragedy, All Good Music Festival to Move to Ohio" »

Hunting season is upon us and because the use of firearms will increase as a result of the season, it is important to remember to be safe when stalking your next 12 point buck. Each year there are hunting accidents in West Virginia, and many of those accidents could be prevented by following some basic hunting safety tips. Hunters are aware of the law that requires them to wear blaze orange clothing to avoid being mistaken for a deer or other wildlife, but bright clothing is only one precaution among many that allows you to hunt safely. In addition, you should treat every gun as if it were loaded and never point a gun at anything you do not want to shoot. West Virginia's Division of Natural Resources (DNR) requires that every hunter complete a hunter education course before purchasing a hunting license, but it is always a good idea to review the safety tips in the Ten Commandments of Gun Safety before getting out there this season.

Gun-related injuries and deaths are not the only danger to hunters. Whether you are hunting on private or public lands, you should always be aware of your surroundings. The hunting premises itself may pose a significant risk of injury from unsafe trails or other property hazards, particularly for hunters who use ATV's to get around. For those hunters who use tree stands, checking to ensure that your equipment is maintained and in good working order should be a priority, as an equipment failure could result in a serious injury.

If you or anyone you know has been injured in a hunting accident, you should seek legal counsel immediately. A knowledgeable West Virginia personal injury attorney can evaluate the circumstances of your situation to provide sound legal advice and options for recovering for your damages. Hunting accidents don't happen often, but when they do, an attorney can help.

If you're like more than a quarter of your fellow West Virginians, you've more than likely logged onto a social networking site in the last month or so, perhaps even today already. Sites like Facebook, MySpace, LinkedIn and Twitter connect users from all over the world instantly through personalized web profiles. Facebook alone claims to have more than 400 million active users worldwide--which is an astonishing segment of the computer-savvy market.

Although these sites are handy for connecting with friends, they are also causing quite a number of problems for personal injury victims who post about their recovery process. Even if you've "protected" your profile from outside visitors, insurance companies are finding ways to infiltrate your profile to check up on you. In turn, they can use personal information against you to deny your insurance claim or stop long-term payments.

For example, if you're injured in an auto accident in West Virginia and you post a status update that says you're "recovering just fine" on your Facebook page, an insurance adjustor may be able to use this as evidence against paying for your claim. Similarly, if you brag about how you scammed the insurance company or lied in your testimony to an adjustor, this can also be used against you. Even posting pictures of physical activities can harm your case if you've claimed that you're disabled. In extreme cases involving brain injury and the like, the mere frequency of your Facebook use can send a red flag up to insurance companies, so personal injury attorneys advise that you simply stay off the computer and keep your mouth shut about a case, even after it's closed.

Personal injury on your West Virginia property can cost you a pretty penny in the wintertime. As a matter of fact, snow and ice are the fifth leading cause of homeowners' insurance claims in the United States, with the average claim totaling more than $5,500. Delivery people, mail carriers and guests can slip and fall on your icy steps, unshoveled sidewalk or snowy front porch. Here are some ways you can protect your family and your pocketbook this winter:

Trim Trees and Clear Branches. Trees are weakened by snow and ice, so be sure to keep low-hanging branches trimmed during the winter months so they don't snap and fall on someone or block walkways.

Melt Ice on Pathways. Use kitty litter, rock salt or sand to keep driveways, sidewalks, steps and other walkways clear of ice at all times.

Repair Steps and Guardrails. Check your steps for large cracks caused by weather changes and check your guardrails for stability. Steps are high-traffic areas of your property that can become very dangerous if not properly maintained.

Prevent Ice Dams. Ice dams build up around the roof and gutters, preventing the flow of runoff. Over time, they can cause leaks in roofs and ceilings that can eventually lead to mold and mildew. This can make you sick and can cause health problems not only for your family, but also for holiday guests. Be sure to keep gutters and drains clear of debris to prevent ice dams.

If someone has been injured on your property due to your negligence, you could be held liable for damages. If you've been the victim of someone's negligence, consult a personal injury attorney to find out your rights today.

If you own a home in West Virginia, your property is a potential accident scene. Delivery people, neighbors and other visitors can sue you for personal injuries they receive on your property as the result of negligence on your part. Negligence can include not shoveling the sidewalk, allowing guests to use your swimming pool without proper signage or supervision, allowing trees to become overgrown so that they fall or cause neighboring property damage or having an unchained animal on the premises that injures another person.

To protect yourself, you should consider safeguarding your family and guests against precarious conditions or possible hazards on your property. Not only does this increase the overall safety of your home and grounds, it also legally protects you from lawsuits in the case of an accident.

One of the best ways to eliminate risk is by building a fence around your property line. A fence is the first line of defense against theft and home invasion, but it also encloses your animals, keeps trespassers from injuring themselves on your property and creates a clear line for shrubbery and trees. If you own a pool, a fence can also protect you from liability if someone uses your pool without permission and gets hurt. It will also keep your small children from entering the pool unattended.

Overgrown trees and other greenery can cause a risk for injury as well. During storms, trees and falling branches can cause personal injury to guests or neighbors, as well as to vehicles, houses and other property surrounding your home. Regular maintenance to keep trees from infringing on neighboring property and to keep them healthy can prevent unwanted situations. For help regarding personal injury on your property, contact a lawyer in West Virginia who can help you reduce your risk of liability at home.