Premises Liability Lawyer in West Virginia
WV Slip and Fall Accident Attorneys
If you fell and were injured on another’s property in West Virginia because of a dangerous condition they failed to fix or warn you about, you may be facing medical bills, lost wages, and the physical and emotional difficulties that injuries cause. The good news is the experienced and caring WV premises lability lawyers at West Law Firm is here to fight for you and help you recover the compensation you need and deserve.
In West Virginia, property owners must keep and maintain their premises in a reasonably safe condition. However, under West Virginia law, there are exceptions to this rule, like West Virginia’s open and obvious premises liability statute. That’s why it’s so important to choose a top-rated West Virginia slip and fall personal injury lawyer who has a long track record of winning WV premises liability cases.
For a Free Consultation, we invite you to call one of our top-rated premises liability attorneys at 304-343-9378 (WEST).
WV Premise Liability Law: Did a Dangerous Property Condition Cause You to Fall?
To obtain compensation for a slip and fall injury in West Virginia, you must prove that there was a hazard, defect, or dangerous condition on another’s property that caused you to fall. An experienced West Virginia slip and fall attorney can also help determine if the dangerous condition violated a safety statute, like those contained in the WV Building Code. Proving a property owner violated a West Virginia safety statute will make it much easier to settle your claim and avoid a premises liability lawsuit.
Some common examples of dangerous conditions that frequently cause people to fall are:
- slippery surfaces, often caused by liquid, snow, or ice
- uneven walking surfaces, like cracks and rises on sidewalks
- defective stairs
- potholes
- hazardous conditions at work
- poor lighting
- poorly maintained property
- lack of handrails
- lack of supervision or safety devices in hospitals
Did the Property Owner Know About the Dangerous Condition or Should He Have Known About It?
Under West Virginia premise liability law, generally, a property owner has to have known about the dangerous condition that caused your fall or you must prove that he or she should have known about it. For example, a grocery store can’t fail to reasonably inspect and sweep their floors, then argue they didn’t know about spilled oil that caused you to slip and fall.
Property owners generally have a duty to conduct reasonable inspections of their property for unsafe conditions. Property owners usually can’t claim they didn’t know about the dangerous condition that caused you to fall if they don’t conduct reasonable inspections of their property.
Were Adequate Warnings Posted?
If you’re able to establish the elements above, the insurance adjuster or property owner may argue that warnings were posted, and, thus, the property owner is not liable for your injuries. For example, although a business’s floor may be wet, if there’s a clear sign that says, Caution: Wet Floor, then it will be more difficult to argue the business’s negligence caused you to fall on the slippery floor. On the other hand, the property owner may have put the warning sign in a location where you couldn’t see it before you fell. In that case, you’d have a good argument that the warning was inadequate.
Was the Hazardous Property Condition Open and Obvious, Under West Virginia Law?
Like with many laws, there’s an exception to the rule that property owners must keep its premises in a reasonably safe condition. The primary exception in West Virginia, is the open and obvious doctrine.
In 2017, West Virginia lawmakers passed a law that limits people’s ability to pursue slip and fall claims if they fell because of a hazardous condition that was open and obvious. This is one of the biggest obstacles in winning a West Virginia slip and fall lawsuit. Winning this argument usually requires the help of an experienced slip and fall lawyer.
The West Virginia open and obvious statute says, in part, 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.” West Virginia Code § 55-7-28
West Virginia’s open and obvious rule is often unfair. However, a highly skilled slip and fall attorney can often help you overcome this rule. For example, West Virginia Code Section 55-7-28 also provides that a, “court…apply the [open and obvious] doctrine considering the nature and severity, or lack thereof, of violations of any statute relating to a cause of action.” A skilled personal injury attorney may be able to determine
What Compensation Is Available for Slip and Fall Injuries in West Virginia?
The compensation you may be able to recover will depend on the details of your claim and your injuries. For example, did you suffer minor sprains and strains or a more severe condition like a brain injury? That said, common forms of compensation include the following:
- Past and future medical bills
- Past and future lost wages
- Past and future pain and suffering
- Loss of earning capacity
- Past and future loss of enjoyment of life
- Compensation for duties under duress
- Punitive damages, if appropriate
Although punitive damages are not commonly available in slips and fall settlements, an experienced attorney may be able to help you recover punitive damages if the defendant’s conduct amounted to a reckless, wanton or willful disregard for others’ safety.
How an Experienced West Virginia Premise Liability Lawyer Can Help You
As you can see from the above, slips and fall claims are often challenging and difficult to win. Below are some actions an experienced injury attorney can take that will likely help your case.
- Conduct a site inspection to identify the dangerous condition that caused the slip and fall accident
- Secure evidence of the dangerous condition before it disappears or is destroyed
- Identify and contact witnesses to the slip and fall accident or witnesses who have knowledge of the dangerous condition
- Track down prior complaints about the dangerous condition or of prior slip and fall accidents at the same location
- interview and/or depose employees of business where you fell
- Hire a premise liability expert or engineer to help evaluate the dangerous condition and prove a safety standard or regulation was violated
- File a lawsuit if the insurance company fails to offer you full and fair compensation.
What to do After a Slip and Fall Injury
1. Seek medical help
If you fall and are injured, it’s important to seek medical help immediately. If you’re injured and delay in seeking treatment, an insurance company may later claim you weren’t really injured or you would have sought medical treatment sooner.
2. Take photos of any visible injuries and the hazard that caused your fall
To recover fair compensation for your injuries, it is necessary to identify the dangerous condition that caused you to fall. Because walkway’s dry, sidewalks may be repaired, and objects may be removed, it’s important to preserve the evidence at the site of your fall as soon as possible. That said, if you decide to allow West Law Firm to help you, we will be sure to preserve the evidence and even send a safety expert to inspect the dangerous condition, if we believe that would be prudent for your case.
3. Get a Free Consultation With an Experienced Slip and Fall Lawyer
Most West Virginia lawyers do not successfully handle slip and fall and other types of premise liability cases on a regular basis like we do at West Law Firm. Speaking with an attorney about your case and options can be very helpful to the outcome of your case. However, it’s important to speak with the right attorney. When speaking with a lawyer, you can simply ask what’s their track record and experience handling accident claims like yours.
Free Case Evaluation from a Top-Rated West Virginia Slip Fall Attorney
If you or a loved one has been injured by any kind of negligence, including a negligent property owner, we invite you to call us today for a Free Case Evaluation. Our toll-free number 1-877-943-9378 (WEST), and there’s NO FEE unless you win.
West Law Firm is located in Charleston, West Virginia, and our personal injury lawyers serve injured clients throughout the state.
Lance Bork