Experienced Legal Representation for Slip & Fall Victims in Lewisburg, Beckley & Charleston
Slip and fall accidents are among the most common that fall under the legal label of “premises liability.” This type of injury claim is generally filed against the property owner or manager when you have sustained injuries in a fall due to an unsafe condition on the premises. The underlying principle of this type of claim is that property owners owe you a reasonable duty of care in providing a safe environment and, where this duty of care is neglected leading to your injuries, you may be entitled to pursue compensation for your injuries and damages. While this may sound reasonable, it is not always an easy assertion to prove.
At Wooton, Davis, Hussell & Johnson, PLLC, we bring over four decades of legal experience, skills, and resources to slip and fall claims. While these are often difficult and challenging, our team is well-versed in what needs to be done to reach a favorable outcome. Our West Virginia slip and fall attorneys can apply proven methods for building your case through supporting evidence, skilled and aggressive negotiation, or tenacious litigation in civil court. Our firm has a strong track record of results in winning fair and just settlements or litigated cases in civil court.
Injured due to negligence on public or private property? Call our firm at(304) 407-2249 orcontact us online to schedule a free case assessment to discuss your options.
Understanding Slip & Fall Liability in West Virginia
As mentioned above, recovering compensation for your medical expenses, lost wages or income, pain and suffering, and other damages in a premises liability case in our state can be difficult. This is especially true in light ofWest Virginia Statute Chapter 55 Article 7 (§55-7-28) entitled “Limiting Civil Liability of a Possessor of Real Property for Injuries Caused by Open and Obvious Hazards.”
This law states that the possessor of the property “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.” With this law in effect, you will have to prove that your injuries were the result of a dangerous condition that was not “open, obvious, or reasonably apparent” but that was actually caused by the property owner’s negligence or his or her failure to correct a hazard.
Examples of slip and fall claims may be based on such dangers as:
- Violations of building codes leading to defective or poorly-maintained premises, such as rickety stairs, handrails, balconies, or other defects
- Violations of safety codes for buildings or other property
- Wet, slippery floors, cracked sidewalks, or uneven surfaces that were not fully visible or warned against with cones or signs
- Stairwells, paths, or hallways lacking lighting
- Potholes
- Torn carpets or broken tiles
Hazardous conditions such as the above and more may be found on various types of properties, from office buildings to shopping centers, restaurants, bars, sports and entertainment venues, hotels, parks, schools, retail stores, grocery stores, apartment buildings, private homes, government buildings, and more.
Comprehensive Case Evaluation for Slip & Fall Incidents
When our firm evaluates your slip and fall case, we will concentrate on the circ*mstances surrounding your accident and injuries, such as what the dangerous condition was, whether the property owner knew it existed or should have known, whether he or she failed to take any reasonable actions to correct it or warn visitors about it, and if these circ*mstances led to the reasonable conclusion that negligence caused your injuries.
Often the responsible party refuses to take on the burden of maintaining a safe environment and may debate what constitutes an unsafe environment. As a victim of a preventable accident, you should not contend with large insurance companies without a legal professional in your corner. These are complex cases in which our lawyers go to great lengths to collect witness testimony, review past incidents at the same site, and uncover other related acts of negligence that can be used to build your case.
Ready to discuss your slip and fall case? Contact Wooton, Davis, Hussell & Johnson, PLLConline or at(304) 407-2249 today for a free consultation. Serving Charleston, Beckley, and Lewisburg.
