Slip and fall accidents are a leading cause of accidental injuries. Unfortunately, it is impossible to avoid every slip and fall incident, especially when you are on someone else’s negligently maintained property. Property owners and managers in West Virginia have a duty to keep their property free of dangerous conditions that expose guests and visitors to potential injuries.
If you or a loved one has been injured in a slip and fall accident caused by someone else’s negligence, you may be entitled to compensation for your resulting injuries and damages. At the Robinette Legal Group, PLLC, our Morgantown personal injury attorneys represent clients who have been injured in premises liability accidents, including slip, trip, and falls due to dangerous property conditions, especially in retail businesses, restaurants, and hospitals.
Slip and Fall Lawyer – Morgantown West Virginia
Our attorneys are former insurance defense lawyers. This experience has helped us understand how insurance companies operate and the tactics they use to defend premises liability cases. Our knowledge helps us find weaknesses in the defense while building a strong injury claim.
We fight for justice for those who have been seriously injured or lost loved ones in an accident caused by someone else. We know that slip and fall injuries can lead to significant disruptions in your life, and we want to help you succeed in your claim so that you and your family can move forward with your lives.
Our attorneys will review your slip and fall case for free and handle all of the legal work for your injury claim from start to finish. We take injury cases on a contingency fee basis so that you pay nothing until we help you get compensation for your losses.
Common Types Of Slip, Trip, and Fall Injuries
Although people often think of slip and fall cases as frivolous claims, anyone who has been seriously injured in a fall understands that the resulting injuries and damages can be significant. In fact, over 700 people a year die from work-related slip, trip, and fall accidents.
Common slip and fall injuries include bone fractures, torn muscles and ligaments, bruises, and soft tissue damage. Slip and falls can also cause more serious injuries in 20-30% of cases, resulting in concussions and other types of brain injuries, spinal cord damage, and fatal injuries.
OSHA rules require that employers do these things to help prevent falls:
Identify and evaluate slip, trip, and fall hazards and provide appropriate personal protective equipment (i.e., personal fall protection) under new requirements in Subpart I, “Personal Protective Equipment.”
Conduct regular and periodic inspections and maintenance of all walking-working surfaces in their workplace.
Provide training that enables employees to recognize the hazards of falling and the procedures to be followed to minimize these hazards, including the use of personal fall protection, proper ladder climbing techniques, etc.
Business Owners must do these things to help prevent slips, trips, and falls:
A business owner in West Virginia is responsible for maintaining their property and sidewalks in a manner that is reasonable. The business must provide warnings or barriers to danger and eliminate the dangerous condition if possible. For instance, sidewalks must be maintained and kept free of snow and ice, but it would be unreasonable for a business owner to keep all snow and ice off of walkways and parking lots during a blizzard.
In 2020, the West Virginia Legislature reinstated the “Open and Obvious Doctrine” which protects business owners from liability for injuries caused by dangers that are open, obvious, reasonably apparent or as well known to the person injured as they are to the owner or occupant.
Comparative Negligence in West Virginia Slip and Fall Cases:
If your case goes to trial, a jury will be asked to determine if you bear some legal blame for your injuries. If the injured person can be found to be at fault for at least 50% of their fall, then that person may recover nothing for their injuries. Additionally, if the injured person is found to be 25% at fault, the award may be reduced by that percentage.
Some common arguments for assigning fault to the plaintiff are that he or she was in a part of the building where visitors or customers are not allowed, such as the kitchen area of a restaurant. Or, the jury may determine that you were using a phone and were distracted at the time of the accident, or that the area was marked by cords, cones, or signs to provide reasonable notice to visitors.
How We Can Help
As mentioned above, we know common tactics used by defendants and insurance companies in injury claims which helps us prepare strong injury claims. For example, in slip and fall cases, the defense often blames the injured parties for failing to avoid dangerous conditions that led to their injuries. We will be prepared to refute any defense allegations that you caused or contributed to your injuries.
We will gather evidence to prove liability and document your losses. We will also interview witnesses and negotiate with defendants to settle your claim. Our attorneys are always prepared to go to trial to maximize your compensation if necessary. We have years of experience representing injured clients, and we do not back down to negligent defendants and their insurance companies.
West Virginia Slip And Fall Accident Attorneys
If you have been injured in a slip and fall accident, contact a personal injury attorney at the Robinette Legal Group, PLLC. We will discuss the circumstances of your fall and the injuries sustained. Our consultations and case evaluations are always free. If someone else was responsible for your injuries and damages, we will advocate for the justice that you deserve.
“Our experiences with Jeff and his firm have always produced the best possible results. His legal expertise and credentials are second-to-none, and the sensitivity and genuine care for his clients that he exercised are superior to any lawyer with whom I have ever been connected.” Barry K.