Three Blame West Virginia- American Water For Property Damage
Three individuals are suing West Virginia-American Water after they claim a water leak caused damage to their property. According to a complaint filed in Kanawha Circuit Court, sometime prior to May 2014, a leak developed in a water line owned, operated, and maintained by West Virginia-American Water, which runs across the front of the property owned by Amy Jarrell, as well as the property of the neighbors.
Ronald Gibson, Verna Gibson and Jarell claim they discovered the leak when a major slippage occurred at the front of the property. As a result of the slippage, the home one the property is in danger of slipping over the hill, as well as damage to the yard in the front of the home, surface drainage lines were exposed and disconnected and other damages were done to the property, according to the lawsuit. The plaintiffs claim that although there was no evidence of a surface water leak, a defined flow of water was identified at the center of the slippage.
According to the suit, the plaintiffs reported the slippage to West Virginia-American Water and other agencies and West Virginia-American Water identified, and later repaired the leak in its main. The plaintiffs claim the damage to the property is so extensive that it is unsafe to bring heavy equipment onto the property in an attempt remediation. As a direct and proximate result of the leak, the property owned by Jarrell and occupied by the Gibsons has been significantly damaged. The plaintiffs are seeking compensatory damages. They are being represented by Christopher J. Heavens of Heavens Law Firm PLLC.
Premises liability claims generally allege that the landlord or other party in control of the premises was negligent by failing to prevent or repair a dangerous condition that caused the claimant’s injury. This constitutes a “breach” of the owner’s duty to invitees and can result in liability for their harm. In determining liability, lawyers and courts look at the “status” of the entrant and ask whether the property owner’s actions were “reasonable” under the circumstances. Invitees may be entitled to a higher duty of care than trespassers, and can recover damages where the owner’s action or omission falls below this legal standard.
If you were injured or had property damaged by a dangerous condition on property, call the Charleston, West Virginia premises liability lawyers at Heavens Law Firm today. Our firm has successfully handled many types of premises liability cases, recovering substantial verdicts and settlements for injured parties in Pennsylvania, West Virginia and other states. At Heavens Law Firm, we are dedicated to providing you with the highest quality personal legal representation and helping you achieve the best outcome possible in your case. To us, your case is not just business, it’s personal.