If you were on another person’s property and were injured as a result of a slip-and-fall accident, then you may be able to receive payment for your injuries.
Slip-and-fall cases present West Virginia slip and fall attorneys with special difficulties. We must determine specific things in a slip-and-fall case including whether or not the property owner where the injury occurred knew about the hazard that caused the injury. Our slip and fall attorneys must also determine whether the property owner took certain steps to remove the hazard prior to the injury.
For a free consultation with our West Virginia premises liability lawyers about getting compensation for losses suffered in a slip-and-fall accident, call Manchin Injury Law Group in Fairmont at (304) 367-1862.
We represent people who have suffered injuries in premises liability accidents such as:
The Manchin Injury Law Group prides itself on focusing on our clients. Our West Virginia personal injury attorneys will work directly with you to understand how your injury has impacted your life. We will work meticulously to go after compensation for your injuries. Compensation for medical bills, pain and suffering, wage loss and other damages can be recovered during a personal injury claim.
The plaintiff in a slip and fall accident case can recover any and all damages resulting from the defendant’s negligence.
All property owners have a duty of care to maintain their properties and prevent injuries to lawful visitors. Depending on the nature of the property, whether it is a commercial or residential property, and the relationship between the guest and the owner, the property owner’s duty of care varies. It is essential that all property owners address known hazards and foreseeable risks to visitors. Additionally, some states uphold laws for specific property maintenance requirements. For example, a property owner may have 24 hours to clear snow away from the front of a property and the adjacent sidewalk after a winter storm.
The distinction between lawful visitors and trespassers is a crucial one in all premises liability cases.
Typically, a property owner does not owe a duty of care to trespassers who unlawfully enter a property. For example, if a person interlopes onto private property or hops a fence in an attempt to break into a home and suffers injuries from the property owner’s dog, the trespasser would not have grounds for a premises liability lawsuit against the property owner.
The one possible exception to the rule for trespassers would be a child trespasser. Children do not possess the same levels of situational and self-awareness as adults. Children may trespass without even realizing they are doing so. If a property owner has any foreseeable reason to believe a child could wander onto his or her property, the property owner has a duty of care to prevent injuries to those children. This is especially true if the property owner has an attractive nuisance on his or her property. The law defines attractive nuisances as physical structures that are too enticing for a child to overlook. Examples include an unfenced swimming pool, hot tub, jungle gym, or climbing tree.
When it comes to lawful visitors, a property owner owes different duties of care to invitees and licensees. An invitee is a person the property owner provides explicit or implied permission to enter the property. Examples include a relative, neighbor, or friend. The property owner must ensure the guest does not face any risk of injury while visiting and must inform the guest of any known hazards on the property.
Licensees also have express or implied permission to enter a property. These lawful visitors do so for their own purposes, such as mail carriers, salesmen, and utility workers. The property owner only has a duty to inform licensees of known hazards.
If you or a loved one has been injured in a slip-and-fall accident, contact us today. Our West Virginia slip and fall lawyers are here to help. You don’t have to stand alone when fighting for just compensation. We offer free initial consultations and bill on a contingency fee basis. You don’t pay us unless we obtain compensation for you.
Talk to our Fairmont lawyers about your personal injury or wrongful death claim today by contacting us online, or by calling us at (304) 367-1862.
We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.
If you are unable to visit our firm, we can come to your home or hospital room.
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