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What is the open and obvious doctrine?

What Is the Open and Obvious Doctrine? The open and obvious doctrine is a defense to a premises liability personal injury claim. It says that the defendant is not liable to the victim because the danger that existed on the property was readily apparent and out in the open.

What is the code 55 7 25 in WV?

55-7-25. Personal injury and wrongful death actions; complaint; specific amount of damages not to be stated.

What is the code 55 7 31 in West Virginia?

Sometimes, a seller may be liable for damages separate from the manufacturer. An innocent seller is not liable for injuries to a person who bought one of their products. West Virginia Code 55-7-31 explains what makes a seller liable for a defective or otherwise harmful product.

What is the statute of limitation in WV?

What Is the Statute of Limitations in WV? For most types of civil cases, the statute of limitations in West Virginia is two years. Most misdemeanor criminal charges must be filed within a year, while felonies have no statute of limitations.

What is the open and obvious statute in West Virginia?

Premises liability law protects visitors to a property from hidden hazards that cause slip and fall, or trip and fall, accidents, which may result in serious injuries. When a hazard is open and obvious, the law assumes that a reasonable visitor would take notice of the danger and act responsibly to avoid it.

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