Charleston, WV Slip and Fall Lawyer

Injured in a Slip and Fall Accident? Our Charleston WV Slip and Fall Attorneys Are Here to Help

If you or someone you know was a victim of a slip and fall accident, an experienced Charleston, WV slip and fall lawyer can help. West Law Firm has a dedicated team of experienced slip and fall lawyers who have helped many people injured in slip and fall accidents recover full and fair compensation for their injuries, medical bills, lost wages, pain, and suffering.

To learn more about your rights and options, we invite you to call one of our top-rated West Virginia slip and fall attorneys today using our toll-free number 1 (877) 943-9378 or by completing our contact form. Our premises liability law firm is conveniently located in Charleston, West Virginia, and we serve clients throughout the state. Our premises liability lawyers offer FREE consultations, and there’s No Fee unless and until you win.

Common Causes of Slip and Fall and Trip and Fall Accidents in Charleston, WV

Slip and falls injuries occur when someone falls due to an unsafe condition that is present on the property of another party. There are many potential causes of a slip and fall injury, and often there are multiple causes. For example, a sidewalk may have uneven walking surfaces creating a trip hazard, and the surrounding area may have poor lighting preventing pedestrians from seeing it. In this scenario, the poor lighting makes the uneven sidewalk even more dangerous and vice versa.

Some of the most common causes of falls include:

• Slippery surfaces. These conditions are typically the result of liquid, snow, or ice.
• Uneven surfaces. Often the result of cracked pavement or rises on sidewalks.
• Potholes. Potholes can cause auto accidents. In addition, pedestrians can trip on them while crossing the road or walking in parking lots.
• Hazardous work conditions. Many dangerous conditions can lead to a workplace injury. For instance, water that leaks from coolers or debris left on the floor can cause a hidden slip hazard.
• Poor lighting. A victim can suffer injuries simply because he is unable to see the unsafe condition due to inadequate lighting.
• Poorly maintained property. Slip and fall accident lawyers often handle cases in which the property owner violated a duty to maintain the premises in a safe condition. For example, falling roof tiles or exposed wires.
• No handrails. Under certain conditions, commercial and residential codes require property owners to install handrails on stairs and landings. A premises liability claim can arise if the victim falls due to non-compliant handrails.

Common Injuries in Slip and Fall Accidents

Slip and fall accident injuries can range from relatively minor injuries such as scrapes and bruising to very serious injuries like traumatic brain injuries (TBIs), and even wrongful death. Some common injuries that slip and falls can cause include:

1. Fractures: Falls can cause fractures in the wrist, arm, ankle, leg, or hip. Older individuals are particularly vulnerable to hip fractures, which can be serious and require surgery.
2. Head injuries. Head injuries can range from minor concussions to severe injuries such as a traumatic brain injury. Serious long-term cognitive, emotional, and physical problems.
3. Back injuries. Falling on a person’s property can cause serious injuries such as herniated discs or even a spinal cord injury. Herniated discs can cause potentially lifelong health issues such as chronic pain and numbness.
4. Sprains and strains. This common injury occurs due to a stretching or tearing of the ligaments.
5. Soft tissue injuries. Some common examples of soft tissue injuries include bruises, contusions, and abrasions.
6. Spinal cord injuries. These injuries can require emergency medical attention and lead to permanent disability or paralysis.

West Virginia Premises Liability Law: An Overview

In West Virginia, premises liability law refers to the legal obligations that property owners have to maintain safe environments for those that enter their property. Property owners have a duty to take reasonable care to ensure that their premises are free from dangerous conditions that knew or should have known about. Business and property owners must remove or adequately warn visitors of any such dangerous conditions that exist on their property. This duty extends to many types of property owners and property renters, including homeowners, landlords, business owners, and renters.

If someone sustains a slip and fall injury, they may be able to pursue a personal injury claim against the responsible party. To establish liability in a slip and fall lawsuit, the victim must be able to show that:

• The property owner had a duty to maintain the property in a reasonably safe condition;
• The property owner breached that duty by failing to remove or warn the victim of a known hazard;
• That breach directly caused the injuries sustained by the injured person; and
• The victim incurred damages as a result.

WV Slip and Fall Accident Laws and Defenses

Like in life, with the law there are generally exceptions to rules. For example, even if the victim can prove the above elements, the victim cannot recover if he is more than 50% at fault for the accident. For example, due to a property owner’s negligence, a victim slips on a wet floor while walking in the lobby of a public building. But suppose maintenance workers had marked off the area with a yellow warning sign and that the victim was talking on the phone at the time. Since the victim was not exercising reasonable care when the accident occurred, he will likely be partially or completely at fault.

Suppose further that the court determines that the victim incurred damages of $100,000, consisting of lost wages, medical bills, and future medical expenses. If the victim is 25% at fault for the accident, then the court will reduce his damage award to $75,000 ($100,000 minus $25,000). But if the victim is 75% at fault for the accident, he will receive no compensation.

Thus, fault determinations play a critical role in the victim’s ability to recover compensation for a slip and fall claim. An experienced Charleston WV slip and fall attorney can gather and present evidence to prove the property owner’s negligence and ensure that you receive just and fair compensation for your injuries.

Did the Property Owner Know about or Should They Have Known About the Slip and Fall Hazard?

In order to hold the property owner accountable in Charleston, WV, you will need to prove that the dangerous condition on someone else’s property caused you to fall. Under West Virginia premise liability law, generally, the property owner must have known or should have known about that condition. Property owners typically have a duty to conduct reasonable inspections of their property to identify potential hazards. If they fail to perform the inspections, they cannot later argue that they did not know about the condition. For instance, grocery store employees cannot fail to inspect and clean their floors for several hours and then argue that they were unaware of the spill that caused your fall.

Was the Slip or Trip Hazard Open and Obvious?

Unfortunately, in Charleston and throughout West Virginia, property owners arguably have little to no duty to protect visitors from hazards that a judge may deem open and obvious. West Virginia Code Section 55-7-28 provides that a property owner “owes no duty of care to protect others against dangers that are open, obvious, reasonably apparent or as well known to the person injured as they are to the owner or occupant, and shall not be held liable for civil damages for any injuries sustained as a result of such dangers.” For example, if the grocery store employees blocked off the spill and posted visible warning signs and you slip, it will be difficult to argue that the store owner is liable for your injuries.

Again, there are some exceptions or caveats to this rule. The West Virginia Open and Obvious Statute concludes with the following: “In its application of the doctrine, the court as a matter of law shall appropriately apply the doctrine considering the nature and severity, or lack thereof, of violations of any statute relating to a cause of action.” Therefore, if the hazard that caused you to fall violated a statute, then that will likely weaken the property owner’s arguments that the hazard was open and obvious. For example, in many West Virginia cities, like Charleston, there are statutes and ordinances that require businesses to clear off snow and ice.

Compensation for Slip and Fall Injuries in Charleston West Virginia

If you sustain an injury in a slip and fall accident in Charleston West Virginia you can potentially recover compensation for your slip and fall injuries. Some of the most common types of compensation that a victim can recover in Charleston West Virginia slip and fall claims include:

1. Medical bills. Compensation for medical expenses includes the cost of medical treatment, such as hospitalization, surgery, doctor visits, medication, and physical therapy.
2. Lost wages. If your slip and fall injury caused you to miss work, you might recover compensation for lost wages. This includes both the wages you lost while recovering from your injury and any future wages you may lose due to a disability caused by the accident.
3. Pain and suffering. Compensation for pain and suffering refers to the physical and emotional pain and suffering you experienced as a result of your slip and fall injury.
4. Punitive damages. In rare cases where the property owner’s conduct was particularly egregious or intentional, the court may award punitive damages. Punitive damages punish the defendant and deter others from engaging in similar behavior in the future.

The amount of compensation available in a slip and fall case depends on the specific circumstances of the accident and the severity of the injuries sustained. Experienced Charleston WV slip and fall lawyers will help you evaluate your case and determine the types of compensation that you might receive.

What to do After Slip and Fall Accidents

Seek Medical Help

If you fall and suffer an injury, it’s important to seek medical help immediately. Symptoms may take several days or even weeks to materialize. But if you delay seeking treatment, the insurance company may claim that you did not sustain an injury or you would have sought medical treatment at the time of or shortly after the accident. This can make it more difficult to reach an adequate personal injury settlement.

Take Photos of the Accident Scene and Any Visible Injuries

In premises liability cases it is necessary to identify the dangerous condition that caused you to fall. Photographing the hazard and accident scene can help preserve evidence on someone else’s property before the property owner can fix it. An experienced Charleston slip and fall lawyer can help you gather relevant evidence to support your claim.

Schedule a FREE Consultation with a Charleston WV Slip and Fall Lawyer

Most West Virginia lawyers do not successfully handle slip and fall cases on a regular basis like we do at West Law Firm. We offer FREE consultations and take the time to discuss your case and review your options which can be very helpful to the outcome of your case.

How an Experienced Charleston West Virginia Premise Liability Lawyer Can Help

Slip and fall claims can be challenging and difficult to win. An experienced Charleston WV slip and fall lawyer can help your case in many ways including:

• Gathering and preserving evidence of the dangerous condition that led to your slip and fall accident.
• Identifying and contacting witnesses of the accident to get their statements.
• Interviewing and deposing employees of the property owner.
• Investigate whether there were prior complaints or accidents involving the same dangerous condition that caused your fall.
• Consulting with and hiring premise liability experts to evaluate the condition and identify applicable safety standards or regulations.
• Negotiating a fair settlement for your slip and fall claim.
• Filing a lawsuit against the insurance company and/or property owner if they fail to offer you full and fair compensation.

Our Charleston WV Slip and Fall Attorneys are Here to Help

If you or a loved one suffered an injury in a slip and fall accident, we encourage you to call an experienced Charleston WV premises liability lawyer at West Law Firm. We are conveniently located in Charleston just a few blocks from the Capitol on Kanawha Boulevard overlooking the Kanawha River. Our award-winning Charleston West Virginia slip and fall lawyers have decades of combined experience helping those injured in and around Charleston obtain maximum compensation.

West Law Firm provides the highest quality legal representation in Charleston and throughout West Virginia. We offer prospective clients a free consultation and do not charge any fees for our services unless you win your personal injury case. Contact us to schedule your FREE consultation today using our toll-free number 1-877-943-9378 or by completing our contact form.

1514 Kanawha Blvd E, Suite 2
Charleston, WV 25311
phone 1-877-943-9378

Frequently Asked Questions About Slip and Fall Claims

How Much Might Your Slip and Fall Case Be Worth?

This is one of the most common questions that victims of a slip and fall accident ask. Unfortunately, there is no clear-cut answer to this question. Every case is different and determining the approximate amount of a slip and fall settlement requires a careful analysis of your case.

Some relevant factors include the extent of your injuries, the availability of insurance coverage, and fault determinations. Consult with an experienced Charleston, WV slip and fall lawyer to discuss your options and what your West Virginia slip and fall claim may be worth.

What is the Statute of Limitations for a Personal Injury Claim in WV?

West Virginia Code Section 55-2-12 provides the statute of limitations for a slip and fall injury case. The victim must file a Charleston slip and fall lawsuit within two years from the date of the accident. If you do not file a lawsuit within the two-year time frame, you may lose your right to pursue compensation for your injuries.

An experienced Charleston slip and fall lawyer will file your slip and fall accident claim on time and meet other legal requirements to protect your rights.

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