A fall on someone else’s property can change your life in a few seconds. One moment you are walking through a store, a parking lot, or an apartment stairwell. The next, you are on the ground, hurt, embarrassed, and unsure what happened or what to do next.
You do not have to sort it out alone. At Manchin Injury Law Group, our West Virginia slip and fall lawyers help injured people across the state understand their rights after a fall on an unsafe property. We have stood up for West Virginians for decades, and we treat every client like a name, not a case number.
This page explains how these claims work in West Virginia, what makes them harder than most people expect, and the steps that protect both your health and your case. When you are ready, you can reach out for a free consultation, backed by our No Fee Guarantee®, which means you owe no attorney fee unless we recover money for you.
When Is a Property Owner Responsible for Your Fall?
Property owners in West Virginia have a duty to keep their property reasonably safe. That does not mean every fall is someone else’s fault. It means an owner has to fix hazards they know about, or should have known about, and warn people about dangers that are not obvious.
Whether an owner owed you that duty often depends on why you were there. West Virginia law generally sorts visitors into two groups:
To hold an owner responsible, your claim generally has to show four things: the owner owed you a duty of care, the owner broke that duty, that failure caused your fall, and you suffered real harm as a result. Falls like these are covered under a broader area of law that called premises liability claims, and slip and falls are among the most common.
West Virginia’s Open-and-Obvious Hazard Rule
West Virginia has a law that makes slip-and-fall claims harder than they are in many other states. Under West Virginia Code Section 55-7-28, a property owner owes no duty to protect you from dangers that are open, obvious, reasonably apparent, or as well known to you as they are to the owner. If a hazard was truly obvious, the owner may not be liable at all.
Lawmakers added this rule to restore the open-and-obvious doctrine after the West Virginia Supreme Court set it aside in Hersh v. E-T Enterprises. In practice, it hands property owners and their insurers a ready-made defense. They will often argue that you should have seen the danger and avoided it.
That argument is not the end of your case. Whether a hazard was open and obvious is often debatable, and the law still requires courts to weigh the seriousness of any related statute the owner violated. Poor lighting, a distraction the owner created, or a hidden defect can all change the picture. Our experienced attorneys can investigate the scene, gather evidence, and build the case that the danger was not as obvious as the insurance company claims.
Common Causes of Slip, Trip, and Fall Accidents
Falls happen for all kinds of reasons, and the cause often matters as much as the injury. People sometimes use “slip and fall” and “trip and fall” to mean the same thing, but they are different. A slip happens when your foot loses traction on a slick surface. A trip happens when your foot catches on something, and you pitch forward. Both can be someone else’s fault, and both can cause serious harm.
Some of the most common causes we see include:
- Wet or Slippery Floors: Spilled liquids, freshly mopped surfaces, and tracked-in rain or snow with no warning sign
- Ice and Snow: Untreated sidewalks, entrances, and parking lots during West Virginia winters
- Uneven Surfaces: Cracked or buckled sidewalks, potholes, and sudden changes in floor height
- Poor Lighting: Dim stairwells, parking garages, and walkways that hide hazards
- Loose Mats, Cords, and Clutter: Rugs that do not lie flat, cords across walkways, and merchandise left in aisles
- Broken Stairs and Handrails: Deteriorating steps, loose railings, and missing handrails
In West Virginia, where a fall happens tells part of the story. Grocery and big-box stores, restaurants, parking lots, and apartment complexes are common sites. Winter weather adds real risk across the state, from icy lots in Fairmont and Morgantown to store entrances along the busy retail corridors of the Eastern Panhandle. When an owner ignores a known hazard through one of our long winters, the results can be severe.
Injuries People Suffer in Falls
A fall from standing height might sound minor, but the injuries can be anything but. How badly someone is hurt often depends on how they land, what they land on, and their age and health.
Common slip and fall injuries include:
- Broken Bones: Wrists, hips, ankles, and arms, especially when someone reaches out to break a fall
- Head and Brain Injuries: Concussions and more serious traumatic brain injuries when the head strikes the ground or an object
- Back and Spinal Cord Injuries: Herniated discs and spinal cord injuries that can affect movement and sensation
- Soft-Tissue Injuries: Sprains, strains, and torn muscles that can linger for months
- Cuts and Bruises: Painful in the moment and sometimes a sign of deeper injury
Older adults and young children tend to be hurt more seriously in falls. Older adults are more likely to suffer broken hips and head injuries, and both groups can face longer recoveries. If you hit your head or feel pain that does not fade, see a doctor even if you think you are fine. Some injuries do not show up for hours or days.
What to Do After a Slip and Fall
What you do in the hours and days after a fall can protect both your health and any claim you decide to make. If you are seriously hurt, your first call should be for medical help.
When you are able, take these steps:
- Get medical care. A prompt exam protects your health and creates a record that ties your injuries to the fall.
- Report the fall. Tell the store manager, property owner, or supervisor, and ask for a written incident report.
- Photograph the scene. Capture the hazard and the area around it before anything is cleaned up or repaired.
- Get witness information. Collect names and phone numbers from anyone who saw what happened.
- Keep your records. Save medical bills, receipts, and notes on how the injury affects your daily life.
- Watch what you say. Do not give a recorded statement or post about the fall online before you talk to a lawyer.
These simple steps can make a real difference. Property conditions change fast, and evidence disappears the moment a spill is mopped or the ice melts.
Deadlines and Shared Fault in West Virginia
Two West Virginia rules can make or break a slip-and-fall claim, and both reward acting early.
The first is the deadline. Under West Virginia law, you generally have two years from the date of your fall to file a personal injury lawsuit. Miss that window, and you can lose the right to recover anything, no matter how strong your case is. A few narrow exceptions exist, so it is worth asking a lawyer about your specific deadline.
The second is shared fault. West Virginia follows a modified comparative fault rule. Under West Virginia Code Section 55-7-13c, your recovery is reduced by your share of the blame, and you are barred from recovering at all if your fault is greater than the combined fault of everyone else responsible. Say your total damages come to $100,000 and you are found 20 percent at fault. Your recovery drops to $80,000. Cross that halfway line, and you may recover nothing.
This is exactly why insurers work so hard to pin blame on you. Pushing your fault percentage up is one of the most direct ways they can pay you less. Having an experienced advocate in your corner can help protect you from that tactic.
Falls That Happen at Work
If you fell while you were on the job, your claim usually works differently. In most cases, a workplace fall is covered by West Virginia’s workers’ compensation system, and you generally cannot sue your employer directly. Workers’ compensation can pay for medical care and part of your lost wages, no matter who was at fault.
That is not always the whole story. If someone other than your employer caused your fall, such as a property owner, a maintenance company, or an equipment maker, you may have a separate claim against that third party on top of your workers’ compensation benefits. These cases can get complicated fast. If you were hurt in a fall on the job, learn more about workplace injury claims and talk with a lawyer about every option available to you.
Why Choose Manchin Injury Law Group
When you are hurt and facing an insurance company, who stands next to you matters. Manchin Injury Law Group has represented injured West Virginians for decades, and our approach has not changed. You work directly with your attorney. You are a name, not a case number.
We know this state and the people in it. Our offices in Fairmont, Morgantown, and Martinsburg let us serve clients across North Central West Virginia and the Eastern Panhandle, and if you cannot come to us because of your injuries, we can come to you at home or in the hospital. We know where our clients are treated after serious falls, from J.W. Ruby Memorial Hospital, the Level I trauma center in Morgantown, to WVU Medicine Berkeley Medical Center in Martinsburg, United Hospital Center in Bridgeport, and WVU Medicine Fairmont.
Insurance companies often open with a lowball offer, hoping you will take it before you understand what your claim is worth. We can push back, and we prepare every case as if it will go to trial. That readiness is part of how we fight for the money you deserve. And with our No Fee Guarantee, you owe no attorney fee unless we recover for you.
If you have questions about a fall anywhere in West Virginia, schedule a free consultation with our team.
Frequently Asked Questions
How Long Do I Have to File a Slip and Fall Claim in West Virginia?
In most cases, you have two years from the date of your fall to file a personal injury lawsuit, under West Virginia Code Section 55-2-12. If you miss that deadline, you usually lose the right to recover. A few exceptions can change the timeline, so it is smart to ask a lawyer about your specific case early.
What Is the Difference Between a Slip and Fall and a Trip and Fall?
A slip and fall happens when your foot loses traction on a slick surface, like a wet floor or ice. A trip and fall happens when your foot catches on something, such as a raised sidewalk or a loose cord, and you fall forward. Both can be a property owner’s responsibility if a hazard caused the fall.
What Should I Do Right After a Slip and Fall Accident?
Get medical attention first, even if the injury seems minor. Then report the fall to the property owner or manager, photograph the hazard, and collect the names of any witnesses. Avoid giving a recorded statement to an insurer or posting about the fall online until you have spoken with a lawyer.
What Are the Most Common Causes of Slip and Fall Accidents?
The most common causes are wet or slippery floors, ice and snow, uneven surfaces like cracked sidewalks and potholes, poor lighting, loose mats or cords, and broken stairs or handrails. Many of these hazards come down to a property owner failing to fix or warn about a danger they knew about.
Who Can Be Held Responsible for My Fall?
Responsibility usually falls on whoever controlled the property and let a hazard exist, such as a store, a landlord, or a maintenance company. In some cases, more than one party shares the blame. An attorney can help identify everyone who may be responsible for your injuries.
What Does West Virginia’s Open-and-Obvious Hazard Rule Mean for My Case?
Under West Virginia Code Section 55-7-28, a property owner is generally not liable for hazards that were open and obvious. Insurers use this rule to argue that you should have seen and avoided the danger. It does not automatically end your case, and a lawyer can gather evidence showing the hazard was not as obvious as the insurance company claims.
Can I Still Recover if I Was Partly at Fault?
Yes, in many cases. West Virginia uses a modified comparative fault rule, so your recovery is reduced by your share of the blame. You can still recover as long as your fault is not greater than the combined fault of everyone else responsible.
What Happens if I Fell While I Was at Work?
A fall at work is usually covered by workers’ compensation, which can pay for medical care and part of your lost wages regardless of fault. You generally cannot sue your employer, but if another party caused your fall, you may have a separate claim against them. It is worth having a lawyer review both options.
How Much Does It Cost to Hire a Slip and Fall Lawyer?
At Manchin Injury Law Group, nothing up front. We work on a contingency basis under our No Fee Guarantee, which means you pay no attorney fee unless we recover money for you. Your first consultation is always free.
Ready to Talk About Your Slip and Fall Case?
A fall that was not your fault can leave you with medical bills, missed work, and a lot of questions. You do not have to answer them by yourself.
The team at Manchin Injury Law Group can explain your rights, deal with the insurance company, and fight for the money you deserve after a slip and fall anywhere in West Virginia. Your first consultation is free, we can come to you if travel is hard, and you owe no fee unless we recover money for you.
Contact us today to talk through what happened and what comes next.
Free Consultation — Get Legal Help Today
Talk to our West Virginia lawyers about your personal injury claim today by contacting us online or by calling us at (304) 944-9022.
