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Dangerous property conditions blamed for girl's broken elbow

Property owners in West Virginia are responsible for ensuring that their premises are safe for visitors, but this does not always happen. In one recent out-of-state case, a woman said a business and a day care facility were responsible for her daughter's broken elbow due to dangerous property conditions. She has thus filed a negligence and premises liability suit against both parties.

The woman said her daughter, 5, was enrolled in a day care program. The class at the day care center ended up taking a class strip to a recreation center. The woman said the day care, however, should have realized that the child's cognitive level, maturity and age indicated that she required plenty of supervision during the outing.

The plaintiff said neither the day care facility nor the recreation center staff supervised the girl or maintained discipline among the kids. They are also blamed for not preventing other kids at the center from assaulting her and not enforcing safety measures. She said that both parties were in breach of their duty when the girl suffered injuries during the time she was unsupervised.

As a result of the two businesses' alleged negligence, the girl experienced emotional trauma and suffering and pain, and she was limited in her activities due to her fracture. The incident also resulted in medical expenses for the girl. The plaintiff is seeking over $50,000 in damages in connection with the alleged dangerous property conditions. Any business in West Virginia that does not maintain its property in a safe condition may be held financially responsible for any injuries that occur as a result through a premises liability legal suit.

Source:, "Mother sues two businesses, alleging negligence in daughter's injury", Carol Ostrow, Sept. 24, 2015

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