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West Virginia Slip and Fall Attorney

If you were on another person’s property and were injured as a result of a slip-and-fall accident, then you may be able to receive payment for your injuries.

Slip-and-fall cases present West Virginia slip and fall attorneys with special difficulties. We must determine specific things in a slip-and-fall case including whether or not the property owner where the injury occurred knew about the hazard that caused the injury. Our slip and fall attorneys must also determine whether the property owner took certain steps to remove the hazard prior to the injury.

For a free consultation with our West Virginia premises liability lawyers about getting compensation for losses suffered in a slip-and-fall accident, call Manchin Injury Law Group in Fairmont at (304) 367-1862.

Types of Slip and Fall Accidents

We represent people who have suffered injuries in premises liability accidents such as:

  • Spills on floors
  • Weather conditions
  • Uneven steps or floors
  • Plumbing issues
  • Inadequate lighting
  • Unnecessary clutter
  • Faulty railings
  • Potholes or cracks in sidewalks.

The Manchin Injury Law Group prides itself on focusing on our clients. Our West Virginia personal injury attorneys will work directly with you to understand how your injury has impacted your life. We will work meticulously to go after compensation for your injuries. Compensation for medical bills, pain and suffering, wage loss and other damages can be recovered during a personal injury claim.

Recoverable Damages in a Slip and Fall Accident Claim

The plaintiff in a slip and fall accident case can recover any and all damages resulting from the defendant’s negligence.

  • Plaintiffs can recover their medical expenses for both immediate and future medical issues resulting from the injury. For example, someone who suffered a traumatic brain injury would be able to claim his or her hospital bills, ongoing treatment costs, and any costs related to future medical care for conditions arising from the head injury, such as chronic migraines, or back and neck pain.
  • Plaintiffs can also secure compensation for their lost income if a slip and fall injury prevents them from working for an extended time. If a slip and fall results in a permanent disability that prevents the victim from working in the future, he or she can secure compensation for lost future earnings.
  • Plaintiffs can recover property damage compensation if a slip and fall injury results in damaged or destroyed personal property such as a smartphone, expensive watch, or prescription eyeglasses.
  • Juries will likely award pain and suffering damages if a plaintiff’s injuries resulted in significant physical pain, mental anguish, or resulted in any type of permanent disability.
  • It is also possible for a plaintiff to secure punitive damages if the defendant engaged in any intentionally harmful, egregiously negligent, or illegal activities that led to the plaintiff’s damages.

Property Owners’ Duty of Care

All property owners have a duty of care to maintain their properties and prevent injuries to lawful visitors. Depending on the nature of the property, whether it is a commercial or residential property, and the relationship between the guest and the owner, the property owner’s duty of care varies. It is essential that all property owners address known hazards and foreseeable risks to visitors. Additionally, some states uphold laws for specific property maintenance requirements. For example, a property owner may have 24 hours to clear snow away from the front of a property and the adjacent sidewalk after a winter storm.

Different Duties of Care for Different Types of Visitors

The distinction between lawful visitors and trespassers is a crucial one in all premises liability cases.

Trespassers

Typically, a property owner does not owe a duty of care to trespassers who unlawfully enter a property. For example, if a person interlopes onto private property or hops a fence in an attempt to break into a home and suffers injuries from the property owner’s dog, the trespasser would not have grounds for a premises liability lawsuit against the property owner.

Children and Attractive Nuisances

The one possible exception to the rule for trespassers would be a child trespasser. Children do not possess the same levels of situational and self-awareness as adults. Children may trespass without even realizing they are doing so. If a property owner has any foreseeable reason to believe a child could wander onto his or her property, the property owner has a duty of care to prevent injuries to those children. This is especially true if the property owner has an attractive nuisance on his or her property. The law defines attractive nuisances as physical structures that are too enticing for a child to overlook. Examples include an unfenced swimming pool, hot tub, jungle gym, or climbing tree.

Invitees

When it comes to lawful visitors, a property owner owes different duties of care to invitees and licensees. An invitee is a person the property owner provides explicit or implied permission to enter the property. Examples include a relative, neighbor, or friend. The property owner must ensure the guest does not face any risk of injury while visiting and must inform the guest of any known hazards on the property.

Licensees

Licensees also have express or implied permission to enter a property. These lawful visitors do so for their own purposes, such as mail carriers, salesmen, and utility workers. The property owner only has a duty to inform licensees of known hazards.

Contact Us After a Slip and Fall Accident in WV

If you or a loved one has been injured in a slip-and-fall accident, contact us today. Our West Virginia slip and fall lawyers are here to help. You don’t have to stand alone when fighting for just compensation. We offer free initial consultations and bill on a contingency fee basis. You don’t pay us unless we obtain compensation for you.