If you suffered serious injuries as a result of a slip, trip, or fall that occurred on someone else’s property, you may be eligible to file a claim for medical bills, lost wages, pain, suffering, and a wide range of related losses. When you have incurred serious injuries as a result of a property owner’s negligence, you are protected under West Virginia’s premises liability laws.
When Is a Property Owner Liable?
It is important to keep in mind that slip and fall claims can be complicated. We are all expected to use reasonable caution and be aware of our surroundings. Yet, in certain specific types of situations a property owner can be held liable for injuries resulting from falls on their property. Read on to learn more.
Did the Property Owner Have a Legal Duty to Ensure Your Safety?
First of all, if you were trespassing or otherwise not authorized to be on the property the owner is unlikely to be held legally accountable for your injuries. Although there are certain limited situations where the law may accept such a claim (such as intentional or reckless conduct), these types of lawsuits are typically fruitless.
Express Permission to be on the Property
If you were invited to the property, you had what we refer to as “express permission” to be present. This would include situations such as arriving for a pre-arranged job interview at a business, visiting a location for an event such as a party or concert, attending school, arriving, working at, or leaving your place of employment, your apartment, a hotel where you paid to stay, and other similar locations. The property owner should have been aware that you, specifically, would be present. In this case, the property owner likely owed a legal duty toward your safety.
Implied Permission to be on the Property
If the property is one that, by its nature, should reasonably expect to receive guests, shoppers, visitors, etc., you had “implied permission” to be present on the property. Examples of this would include your presence at grocery and retail stores, restaurants, public offices, amusement parks, resorts, and other similar locations. Although the property owner would not have known that you, specifically, would be present, they should have been aware that people would be present on the property. In this case, the property owner likely owed a legal duty toward your safety.
What Is the Property Owner’s Legal Duty to Ensure My Safety?
All property owners owe a legal duty toward those with express or implied permission to be on their property. This includes:
-Ensuring the premises is reasonably safe
-Determining if any dangerous or hazardous conditions exist
-Repairing dangerous/hazardous conditions or alerting you to their presence
Was the Fall Preventable?
If the injuries you sustained happened through no fault of your own and could have been prevented by action on the part of the landowner, you may have legal standing to file a claim. If all of the following were true, contact Angotti & Straface Attorneys at Law immediately for a complimentary initial case consultation:
1. There was a pre-existing dangerous condition.
2. The property owner was aware (or should have been aware) of the condition.
3. The condition presented an unreasonable risk.
4. You could not have anticipated the risk.
5. The property owner neglected to take action regarding the condition or warn you about its presence.
5. Despite being careful and paying attention to your surroundings, you suffered a fall resulting in serious personal injury.
How Much Will This Cost?
At Angotti & Straface Attorneys at Law, you owe us NO attorney fees unless we recover compensation on your behalf. If, after reading the information above, you believe you are eligible to file a claim for your serious personal injuries, contact our proven personal injury attorneys immediately. The sooner you let us know what happened, the sooner we can start working on pursuing the maximum financial compensation allowed by law for your personal injury claim! Do not delay.
Contact Angotti & Straface Attorneys at Law
West Virginia’s Leading Law Firm for Slip and Fall Claims
Did a property owner fail to repair (or alert you to the presence of) an uneven sidewalk or flooring? Was a parking lot or walkway left covered in ice and snow or not illuminated properly? If a situation involving property negligence caused you or a loved one to suffer a slip, trip, or fall resulting in a broken bone, paralysis, brain damage, or other serious injury, contact Angotti & Straface Attorneys at Law right away to schedule a complimentary initial consultation to discuss the merits of your case.
We can let you know if you are eligible to file a claim for medical bills, lost wages, pain, suffering, and many other losses resulting from the fall. You have nothing to lose. If you are too injured to visit our office in Morgantown, let us know. We can arrange a home or hospital visit anywhere in West Virginia. Time is of the essence! Contact us before the property owner has a chance to conceal evidence or repair the condition that caused your injuries. Contact Angotti & Straface Attorneys at Law right now: (304) 292-4381.