Huntington Slip and Fall Lawyer

You have the right to seek compensation if you sustained injuries and other damages after slipping on something or tripping and falling on someone else’s property because of a hazard. The civil cases fall within the area of law known as premises liability, which requires property owners and possessors to keep the premises safe for those they invite to enter.

The guidelines also require that they warn of hazards until the repairs are complete, and our Personal Injury attorneys can identify if someone was negligent in allowing something to happen. Contact our office to schedule a free consultation with a Huntington slip and fall lawyer to review your case and learn more about how we can help.

Elements of Slip and Fall Cases

Successfully proving liability and winning an award for damages requires demonstrating to the court that the four elements of negligence exist. Examples of the necessary components include the following:

• The first element is duty of care, and it means establishing that the property owner owed you a legal duty to keep the area reasonably safe, and warn of possible slip and fall hazards until it is cleared up
• The second is breach of duty, which means that they failed to uphold their legal obligations by neglecting to fix unsafe conditions or provide adequate warnings
• The third is called causation, and it requires showing that the defendant’s breach was the direct cause of the accident and injuries you sustained
• The last component is damages, which requires evidence that you suffered measurable economic and or non-economic damages as a result of slipping, tripping, and falling

The most substantial challenge typically centers on demonstrating to the civil court that the person responsible for the property’s upkeep knew, or should have known, of the unsafe condition. The case may show that the owner or an employee knew of the danger before the slip and fall, or that it existed for a sufficient length of time that they should have known through reasonable care and inspection.

Is the Reason for My Visit a Contributing Factor?

The reason you visited the property does play a substantial role in winning an award for damages. Laws place the owner’s legal duty almost entirely on the victim’s legal status at the time of the incident. The property possessor owes the highest duty of care to invitees, and they enter the premises for mutually beneficial commercial purposes, such as shoppers entering grocery stores. The owner must conduct regular inspections to identify and eliminate hazards, and warn them until the update is complete.

The second category is the licensees, and the responsible party owes them a lesser duty of care, but they must warn them of concealed dangers. Those in this group are social guests, such as those visiting for get-togethers.

Slip and Falls From Unlawful Visitors

The property owners owe the trespassers, the last group, the lowest level of duty of care, as they enter without permission. There is no duty to inspect the property or warn of hazards. However, they cannot intentionally or recklessly cause harm to those who enter the property unlawfully. During your free consultation, our Huntington slip and fall attorney can answer your specific questions about your visitor status.

Shared Fault

Slip and fall lawsuits commonly involve shared fault, meaning the court finds that the plaintiff shares some of the blame for the accident. Under West Virginia Code § 55-7-13A, the laws allow you to collect monetary damages if you share some of the responsibility, as long as it is less than 50 percent. However, if they find you are more at fault, they bar recovery altogether. A skilled Huntington lawyer can gather all the vital evidence necessary to establish the complete extent of the defendant’s liability.

Schedule a Consultation With a Slip and Fall Attorney in Huntington

You must hold them responsible if a negligent property owner’s actions led to a preventable slip and fall injury. State laws provide the system for you to initiate legal action to recover your damages and losses, from broken bones to traumatic brain injuries. Please meet with our qualified Huntington slip and fall lawyer to review your case options and discuss the next steps. Give us a call today and schedule a consultation with the team from Jan Dils, the largest female-founded law firm in the country.