Elkins Slip and Fall Lawyer
A common cause of injury is a result of dangerous conditions on private, public, or commercial properties. If you fall on another’s property and get injured, a court could award you the compensation to offset the losses you are suffering. An Elkins slip and fall lawyer could evaluate your case for potential liability and guide you on the next steps to filing your claim.
If a store owner, municipality, or even a neighbor fails to keep their property safe, you should not have to suffer the consequences. Our team of compassionate and knowledgeable attorneys could help investigate your claim and advocate for you or a loved one.
Dangerous Conditions and Slip and Fall Accidents
Dangerous conditions in Elkins leading to slip and fall accidents could be weather-related and happen in outdoor or indoor conditions, caused by loose railings or uneven floors. Cracked pavements and uneven sidewalks can cause an individual to trip, especially if there was snow or ice that the landowner had not cleared.
Inadequate lighting could have obscured dangerous conditions. A poorly lit hallway in an apartment complex, for instance, can cause someone to trip and become injured. At nighttime, if an outdoor area is not well-lit, a person may not be able to avoid dangerous conditions.
Indoors, a spill, frayed rug, or broken tile could easily cause a painful slip and fall. Any concealed hole or object on the floor can create a danger. These hazards can occur in different settings, including places such as:
- Grocery stores
- Business offices
- Parks and schools
- Sporting arenas
- Private homes
Legal professionals who work with slip and fall cases see an array of consequential injuries, from broken bones to severe back and neck conditions. The elderly can be susceptible to falls and more severe injuries, but even a child could get hurt with a simple trip on another’s premises.Top of Form
Types of Visitor Classifications in Elkins and Establishing Liability
In West Virginia, a landowner’s responsibility depends upon the nature of their property and an individual’s right to be there. For instance, on commercial properties where people spend money, owners have a higher duty of care to keep the premises safe for their customers.
By contrast, if someone is illegally on a property, there may be no duty of care to protect them at all, the owner only has an obligation to not knowingly cause trespassers harm. In Elkins, a slip and fall legal representative could evaluate a claim based on one of three classifications according to premises liability law:
- An invitee is someone with explicit or implicit permission to be on a property like a store or a friend’s home. These landowners must keep the property safe and warn visitors of any known hazards.
- A licensee is someone with permission to be on the property for a certain purpose, like a mail carrier or a salesperson. The landowner must warn licensees of any known hazardous conditions, but they have a lower standard of care than an invitee.
- A trespasser is someone who does not have permission to come on to the property, and generally, there is no specific duty owed if injuries occur, as long as the owner was not trying to injure them.
With trespassers, however, all landowners must protect children against attractive nuisances. This could be something children would naturally find interesting, such as a swimming pool or construction site. Even a trespassing child could be entitled to damages for injuries on another’s premises from an attractive nuisance.
Once an injured party establishes liability, they must prove damages or the extent of injury they suffered. A court can award compensation for all the direct and consequential financial losses someone suffered from a slip and fall. Damages could include past and future medical bills, lost income and wages, future losses due to a disability, pain and suffering, and emotional distress.
How an Elkins Slip and Fall Attorney Can Help You Recover Compensation
If you take a fall on another person’s property, you should not need to also suffer financial loss as a result. An Elkins slip and fall lawyer can help you by investigating your case, dealing with the insurance companies, and guiding you through the court process if necessary.
We know the world can be a dangerous place, but your local grocery store or public park should not have hazardous conditions. We are here to help you when you fall, so reach out today for more information and legal support.