The People’s Lawyer

Proving your slip-and-fall case in West Virginia

On Behalf of | Aug 17, 2022 | Injuries, Personal Injury Claims

Slip-and-fall accidents can occur anywhere at any time and can result in serious injury. Property owners have a responsibility to do what is reasonably possible to prevent those visiting their property from getting hurt.

If you have slipped or tripped and fallen while visiting retail store, apartment complex, or any other property owned by another person, you may file a premises liability claim in West Virginia within 2 years of your accident to recover damages.

Proving your premises liability case

To successfully prove your case, you will generally have to establish that the property owner’s negligence caused your accident. Your case will be based on proving the elements listed below.

Your status

If you are present on property you do not own, you are labeled as an invitee (e.g., customers of a store), licensee (e.g., social guests), or trespasser (entered property without permission), depending on the circumstances. Generally, property owners owe the highest duty of care to invitees and lowest duty of care to trespassers. You will need to establish your status as an invitee or licensee to recover damages.

Existence of a dangerous condition

 A key part of your case will be proving that a dangerous condition on the premises caused your injury. Slip-and-falls are commonly caused by slippery floors, uneven carpeting, broken steps, and poor lighting.

 Actual or constructive notice

You will need to show that the property owner knew of the dangerous condition that caused your accident or should have known of the condition.

Your injuries

Proving that you suffered injuries because of the accident is important. Slip-and-fall injuries range from minor scrapes and bruises to severe spinal injuries or traumatic brain injuries.

An attorney specializing in personal injury law can help you build your slip-and-fall case against a property owner. Your attorney will work to collect evidence and present it to the court in an effective and meaningful way to ensure you recover the damages you deserve.