Date: 04-13-2023

Case Style:

Barbara Chevalier v. Mountaineer Casino, Racetrack & Resort

Case Number: 5:23-cv-00141

Judge: Preston Bailey

Court: United States District Court for the Northern District of West Virginia (Ohio County)

Plaintiff's Attorney:

Defendant's Attorney:

Description: Wheeling, West Virginia personal Injury lawyer represented Plaintiff who sued defendant on a premises liability negligence theory.

This case was filed in the Circuit Court of Hancock County, WV, 23-C-20, and was removed to federal court by the Defendant.

Plaintiff challenged the jurisdiction of the court and moved the Court to remand the case to the Circuit Court.

"West Virginia premises liability law is a complex area of law that governs the rights of individuals who are injured on the property of another. Under West Virginia law, property owners have a duty to exercise reasonable care to prevent harm to those who enter their property. This duty of care is based on the relationship between the property owner and the person who enters the property.

There are three main types of relationships that can give rise to a duty of care:

Licensees: A licensee is someone who is invited onto the property by the property owner for a specific purpose. For example, a salesperson who is invited onto the property to sell a product is a licensee. Property owners owe a duty of care to licensees to prevent them from harm, but this duty is lower than the duty owed to invitees.
Invitees: An invitee is someone who is invited onto the property by the property owner for their own purposes. For example, a customer who is invited into a store to shop is an invitee. Property owners owe a duty of care to invitees to prevent them from harm, and this duty is higher than the duty owed to licensees.
Trespassers: A trespasser is someone who enters the property without the property owner's permission. Property owners do not owe a duty of care to trespassers to prevent them from harm. However, property owners may be liable for harm to trespassers if they know or should know that the trespasser is on the property and that the trespasser is likely to be harmed.

There are a number of things that property owners can do to reduce their risk of liability under West Virginia premises liability law. These include:

Keeping their property in a safe condition;
Posting warning signs about potential hazards;
Providing adequate security measures; and
Supervising children who are on the property.

If you are injured on someone else's property in West Virginia, it is important to speak with an experienced personal injury attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in a lawsuit against the property owner if necessary.

Here are some additional things to keep in mind about West Virginia premises liability law:

The duty of care owed by a property owner to a trespasser may be increased if the property owner knows or should know that the trespasser is likely to be harmed.
Property owners may be liable for injuries caused by the negligence of their employees or agents.
Property owners may be liable for injuries caused by defects in the property, such as a slippery floor or a broken step.
Property owners may be liable for injuries caused by dangerous animals on the property.

If you have been injured on someone else's property in West Virginia, it is important to speak with an experienced personal injury attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in a lawsuit against the property owner if necessary."

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Outcome: 04/13/2023 5 ORDER REMANDING CASE. Signed by District Judge John Preston Bailey on 4/13/2023. (ag)(copy mailed US Mail Circuit Clerk for the Circuit Court of Hancock County, WestVirginia) (Entered: 04/13/2023)
04/13/2023 6 LETTER from Deputy Clerk to Sandra Casto, Clerk of Circuit Court, Hancock County. (ag)(with certified docket sheet and Order 5 ) (Entered: 04/13/2023)

Plaintiff's Experts:

Defendant's Experts:

Comments: