In order to prove premises liability, plaintiffs must show that the property owner or manager knew or should have known that an unsafe condition existed and that there was a failure to warn or address the problem in a timely manner.
In the recent case of Wheeling Park Commission v. Dattoli, the West Virginia Supreme Court reversed a trial court damage award of nearly $56,000 (which plaintiff was hoping to have increased on appeal), finding plaintiffs did not establish a prima facie case of negligence because there was no evidence the park’s commission knew or should have known of the defect that reportedly caused plaintiff’s injury.
The incident in question occurred in September 2007 at a resort and conference center. Plaintiff was there with his wife attending activities at the park when he leaned against a split rail fence. As he did so, the end of the top rail broke into numerous pieces, causing plaintiff to fall down and injure his shoulder. Continue reading