Fairmont Slip and Fall Lawyer
When entering another’s property, whether it be a local shop or a neighbor’s home, people should reasonably expect to be protected. Unfortunately, if a property owner fails to protect or warn visitors of hazards on their land, severe injuries could occur. People are often seriously injured in slip and fall accidents. When a person is injured on another’s property, the premises owner could be held liable for damages.
If you or a loved one were injured in a trip and fall accident, you may be eligible to recover compensation from the negligent party. A knowledgeable Fairmont slip and fall lawyer could be able to speak with you about your injuries, how they occurred, and your right to pursue compensation. An experienced personal injury lawyer would know the laws and whether a property owner’s conduct gives rise to liability.
Deadline to File a Slip and Fall Lawsuit
The statute of limitations is the timeframe in which a lawsuit may be brought. According to West Virginia Code § 55-2-12, with few exceptions, a person injured in a slip and fall accident has two years in which to file a lawsuit. If the claim is not filed within the statute of limitations, injured claimants may be unable to recover compensation for damages.
Laws Regarding Slip and Fall Accidents
To file a slip and fall lawsuit, the injured person must show the other party is at fault. A party is at fault where they committed an act or omission, which is the proximate cause of an injury, according to W.V. Code §55-7-13B. Regarding slip and fall cases, an experienced slip and fall attorney in the Fairmont area would be able to look for negligent conduct and whether the property owner breached a duty of care owed to their client.
To prove negligence, the attorney needs to prove that the property owner owed the plaintiff a duty of care, which was breached, and such breach caused injuries resulting in costs and expenses to the injured person. Property owners owe a duty of care to people entering their property to maintain a reasonably safe property. However, there are exceptions to this general rule.
Open and Obvious Hazards Exception
An exception to the general rule that property owners owe a duty of care is the open and obvious hazards exception. According to W.V. Code §55-7-28, a property owner or possessor owes no duty of care to protect others against dangers that are open, obvious, reasonably apparent or as well known to the injured person as they are to the owner or occupant.
Exceptions like the open and obvious hazards exception create obstacles for the injured person trying to establish fault on the part of the property owner. It takes time, and extensive investigative tools to show the property owner is liable.
Investigative work, such as gathering testimony as to the normal practices of a business, reviewing surveillance camera footage or photos of the area of the fall, and expert testimony, can lead to a showing of liability. A knowledgeable slip and fall attorney in Fairmont would be able to review the injured claimant’s situation to determine who is at fault and whether their conduct contributed in any way to their accident.
Let a Fairmont Slip and Fall Attorney Help Today
Handling personal injury claims could be difficult to handle alone. However, with a dedicated and determined Fairmont slip and fall lawyer on your side, the legal battle is not yours alone.
A diligent and well-practiced attorney could help you seek the compensation you need. Call today to get started on your case.