To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Were you hurt due to a dangerous condition on another person’s property? A Beckley slip and fall lawyer has the knowledge and experience to assist with your claim, and help recover the compensatory damages you need to put yourself back financially to where you were before the incident. Contact a trusted personal injury attorney today to schedule your free case evaluation.
Any number of hazards can lead to slips and falls, although some are more common than others. In many cases, uneven surfaces, obstructions in walkways, spills, poor repairs, housekeeping, maintenance, and improper footwear can lead to slips and trips. Dangerous work conditions, particularly in industries like construction, can also cause falls.
Several different types of injuries can result. The severity of these injuries will depend on the person, the cause of the accident, and the height of the fall:
In general, individuals are most susceptible to musculoskeletal injuries, such as damage to joints, bones, and ligaments, while ankles, knees, wrists, and shoulders are particularly susceptible.
Falls are a type of premises liability injury accident. In general, Beckley property owners have a duty to keep their property reasonably safe from slips and falls for visitors. This means inspecting their property for slip-and-fall hazards and repairing or warning of the danger.
The duty that is specifically owed to you will depend on your relationship to the property owner. Invitees are owed the highest duty of care (such as a customer in a restaurant). Licensees (like a friend visiting a home) are owed a slightly lower duty of care. A property owner needs to only warn a licensee of a known hazard; they do not need to inspect. Trespassers are not owed a duty of care, though a property owner may not intentionally harm them.
Under West Virginia’s open and obvious hazard doctrine, property owner liability is limited in cases where a person is injured by dangers that are reasonably apparent and clearly visible to the visitor.
Additionally, the state uses a modified comparative negligence rule. This means that if you are injured, but were partially to blame for your injuries you may still be able to recover compensation. However, any damages you are owed will be reduced by the percentage of fault assigned to you. If your fault is greater than 50%, you would not be able to recover compensation.
After a slip or trip, quick action is crucial. Contacting a lawyer early can help you secure your right to compensation; and in fact, calling an attorney may be one of the first calls you make.
With these cases, documentation is vital. You will want to have proof of your injuries and the cause of the accident. Photos and videos of the scene, witness statements, security camera footage, and accident reports can all help bolster your claim. Gathering this evidence when you are also trying to heal can be challenging, but a lawyer may get to work immediately gathering evidence and investigating.
Moreover, your attorney can identify the at-fault party and their insurance company. They may file a claim and submit proof of your damages. With their knowledge and experience, our lawyers can negotiate a fair settlement or take your case to court, when necessary.
When you have been hurt due to a property owner’s negligence, you deserve to be compensated. Our Beckley slip and fall lawyer can help. Jan Dils, Attorneys at Law is the largest female-founded law firm in the country and we are aggressive and committed to getting the compensation you rightly deserve. Call us for a free case evaluation and learn what you need to do next.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law
