Slip and Fall Accidents Attorney Shinnston WV
If you slip and fall on another person’s property, are they liable for your injuries? Being injured on another person’s property does not automatically entitle you to compensation from the property owner. There are, however, circumstances in which the owner may be held liable. Shinnston slip and fall lawyers may help you identify if the property owner is liable for your accident.
We at Thomas E. McIntire & Associates, L.C. bring over years of legal experience, skills, and resources to slip-and-fall claims. While these personal injury claims are frequently challenging, our team is well-versed in what needs to be done to achieve a favorable outcome.
Our West Virginia slip and fall can help you obtain fair and just settlements or win cases in civil court. Contact us now!
Why do I need a Slip and Fall Attorney in West Virginia?
Cases involving premises liability can be challenging to prove if you do not hire a Shinnston slip and fall lawyer with relevant prior experience. Thomas E. McIntire & Associates, L.C. will not allow you to fight this battle alone. Our personal injury lawyers are here to help you understand your case and how you can obtain justice and a fair settlement.
While you allow yourself to focus on healing, here’s how our dedicated legal team can assist you in winning your case.
- Conduct a site inspection to determine the hazardous condition that caused the slip-and-fall accident
- Collect evidence of the hazardous condition before it is removed or destroyed
- Identify and contact witnesses to the slip-and-fall accident or witnesses familiar with the hazardous condition.
- Find previous complaints about hazardous conditions or slip-and-fall accidents at the same location.
- Employ a premises liability expert or engineer to assist in evaluating the hazardous condition and establishing that a safety standard or regulation was violated
- Negotiate a fair settlement with the insurance company
- If negotiation fails, file a slip-and-fall lawsuit and represent you in all legal proceedings.
As a victim of an accident that could have been avoided, you should fight to hold the responsible parties accountable. And we will fight with you. Do not hesitate to call us today!
What are Slip and Fall Cases?
Premises liability is a subset of personal injury law that governs slip and fall accidents. Accidents such as slipping on a wet floor or tripping over a poorly placed extension cord can result in slip-and-fall accidents.
Property owners and managers are legally required to keep their properties safe. They must remove hazards and provide an adequate safe environment. You might have a legal case if your injury was caused by someone who failed to provide a safe environment. You may consult a Shinnston slip and fall lawyer to help you establish liability in your claim.
Slip & Fall Cases in West Virginia
It can be difficult to recover compensation for damages in a premises liability case in West Virginia. Limiting Civil Liability of a Possessor of Real Property for Injuries Caused by Open and Obvious Hazards of the West Virginia Statute Chapter 55 Article 7 (55-7-28) states that.
- The owner or occupant of a property owes no duty of care to protect others from dangers that are open, obvious, reasonably apparent, or as well known to the injured person as to the owner or occupant and is not liable for civil damages for injuries caused by such dangers.
- The owner or occupant of a property shall not be held liable for any civil damages or injuries that may have been sustained due to such dangers.
With this law in effect, you will be required to demonstrate that your injuries were caused by a dangerous condition that was not “open, obvious, or reasonably apparent,” but was caused by the property owner’s negligence or failure to correct a hazard.
Slip and fall claims that may be based on such dangers as:
- Violations of building codes that result in defective or poorly maintained premises, such as shaky stairs, handrails, balconies, and other defects
- Safety code violations for buildings and other property
- Wet, slick floors, cracked sidewalks, or uneven surfaces that were not completely visible or marked with cones and signs
- Stairwells, paths, or corridors lacking illumination
- Walkways and floors that aren’t cleared of debris
- Spills that aren’t marked and cleaned promptly
- Paint inside businesses and apartments that contain lead
- Toxic fumes are allowed to leak into places.
- Torn carpets or broken tiles
- And other similar situations.
Hazardous conditions like the ones listed above can be found on a variety of properties, including office buildings, apartment buildings, hotels, restaurants, bars, shopping centers, retail stores, grocery stores, schools, private homes, sports and entertainment venues, parks, government buildings, and others.
If you or a loved one were involved in a slip and fall accident due to hazardous property conditions, immediately get in touch with a Shinnston slip and fall lawyer.
Types of Slip and Fall Cases
There are two primary categories of slip-and-fall incidents.
- Commercial Property Claim – when a slip-and-fall accident occurs on a commercial property, such as a restaurant, retail store, or other places of business
- Residential Property Claim – when an injury occurs on a rented property where the landlord may be liable
Slip and Fall Injuries
Accidents involving slips and falls are common and can result in serious and catastrophic injuries. The owner or occupier of the property may be held legally responsible in West Virginia for the injuries you have sustained resulting from a slip and fall on their property.
Below are common injuries resulting from a Shinnston slip and fall accident.
- Broken Bones
- Internal Injury
- Spinal Cord Injury
- Brain Injury
- Back Injury
- Neck Injury
- Knee Injury
- Hand Injury
- Wrist Injury
Seek immediate medical attention if you or a loved one have sustained injuries due to a slip and fall accident. Then, get in touch with a slip and fall accident attorney in Shinnston as soon as possible to begin defending your legal rights almost immediately.
Liability for Slip and Fall Accidents
Anyone who owns or manages property in West Virginia must ensure that it is reasonably safe for customers, guests, and anyone else whose entry may be anticipated. Failure to do so is negligence. The responsible parties may include property owners, lessees, event organizers, and others possessing or controlling the property. A Shinnston slip-and-fall attorney must prove negligence by demonstrating the following:
- The defendant had possession of the property
- Plaintiff did not commit trespass
- An unreasonably hazardous condition on the property caused the injury
- The defendant failed to remedy or warn of the unreasonable hazard
- Plaintiff suffered financial losses as a result of this failure
What if I am Partly to Blame?
Even if you were partially to blame for your slip and fall accident, you could still file a claim. In slip and fall cases, property owners frequently argue that you are partially to blame. These accusations may include claims that you were in an unusual location on the property, that you were distracted at the time of the accident, or that you failed to notice obvious warning signs, such as safety cones.
In addition, West Virginia enforces modified comparative negligence laws. Even if you are found to be partially responsible, you may be able to receive some of the funds awarded for damages as long as you are found to be less than 50% responsible for the accident. The compensation claims you will receive will be reduced depending on the percentage of your responsibility for the accident.
Shinnston Slip and Fall Damages Claim
Various types of damages may be available following a slip and fall, most of which relate to physical injuries sustained in a serious falling accident. However, compensation for emotional losses can also be obtained. Seeking legal advice from a personal injury lawyer in Shinnston can help you achieve fair compensation settlement or judgment.
- Past and future medical bills
- Rehabilitation and therapy
- Pain and suffering
- Lost wages
- Mental anguish
- Wrongful death
- Punitive damages, if applicable
Statute of Limitations for West Virginia Slip and Fall Lawsuits
West Virginia limits your time to file a lawsuit in court after a slip and fall accident. You have two years from your slip and fall accident to file a case in West Virginia under the state’s personal injury statute of limitations. This two-year period typically begins on the date of your accident. If you do not file your lawsuit within two years, you may be barred from filing it in court.
The two-year statute of limitations only applies to lawsuits. It does not apply to insurance claims made following a slip and fall. However, it is advisable to begin the insurance claim process immediately following a slip and fall accident. If you wait too long, you may run out of time to file a court case as a last resort if insurance settlement negotiations fail. If the other party knows that filing a lawsuit is no longer an option for you, you will lose valuable leverage in settlement negotiations.
It is highly recommended that you seek legal advice from a slip-and-fall attorney to ensure your case is thoroughly assessed and all paperwork is filed before the deadline.
What Should I Do Following a Slip and Fall Accident?
- Immediately seek medical attention for your wounds after a slip-and-fall accident
- Make an effort to save and gather any evidence you may have regarding the events leading up to the slip-and-fall accident
- If anyone else saw the accident, you should take steps to get their contact details.
- Ask for video surveillance if available
- Take pictures of your wounds as proof and compile your medical records and expenses
- Do not speak with insurance companies alone. Avoid providing any information they could use against you later on
- Contact a West Virginia slip and fall attorney as soon as possible
Call our Shinnston Slip and Fall Lawyers Now!
Losing your balance and falling to the ground happens quite frequently. And most of the time, the only real damage that is done is a bit of embarrassment. But a slip and fall resulting from a business or another party’s negligence may not be a simple fall. It may result in more serious and catastrophic injuries and even cause permanent damage to the body.
Thomas E. McIntire & Associates, L.C., a slip, and fall law office in West Virginia, may be able to assist you if you fall on a Shinnston business property or another individual’s property and sustain injuries as a result. You might get financial compensation through a civil lawsuit, allowing you to pay for your medical expenses and deal with the other difficulties that come with an injury sustained from tripping and falling.
Our Shinnston slip and fall lawyer will not only help you move forward with your case, but we will also help you get back on track with your life. Reach out to us today!