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Who is liable for your slip-and-fall accident?

On Behalf of | May 3, 2017 | Wrongful Death

In West Virginia, is a property owner responsible for injuries suffered in a slip-and-fall accident that occurred on his or her property? It is reasonable to suggest that you may hold the owner liable for your pain and suffering, but determining liability and proving fault can be a complicated process.

Slip-and-fall cases can be quite complex, and you may find great benefit in securing legal help as soon as possible after your accident. With the right legal support, it is possible to pursue compensation from all available sources, securing the full and fair recovery you deserve.

Why do slip-and-fall accidents happen?

Many slip-and-fall accident victims believe that they fell because they were clumsy or reckless, but in reality, your accident may be the result of hazards, safety issues and other factors beyond your control. Some of the most common reasons why these accidents happen include:

  • Wet floors
  • Uneven floors or sidewalks
  • Icy sidewalks
  • Poorly maintained pathways

Finding out what caused your accident is one of the first steps toward building a strong claim. You may be unsure of what factors played a role in the incident that left you injured, but a complete case evaluation will determine an appropriate course of action for you.

How can you prove fault?

Proving that someone else is responsible for your pain and suffering after a slip-and-fall accident can be a delicate process. In order to have a valid claim for compensation, a claimant must prove one of the follo wing regarding the property owner:

  • Should have known about the hazardous condition
  • Knew of the danger but did not fix it
  • Actually caused the hazardous condition

It can be quite challenging to prove that an owner had a sufficient amount of time to locate and repair a potential safety hazard. Questions regarding how long the hazard was present and regular maintenance routines will also factor into whether a judge or jury believes that the property owner had a reasonable opportunity to address the issue.

How can you protect your interests?

It is normal to feel confused and overwhelmed after suffering a serious bodily injury in a slip-and-fall accident. In order to protect your interests, it is always beneficial to seek a full understanding of your legal options if you believe that another party may be responsible. With the guidance of an experienced legal ally, it is possible to secure the compensation needed for medical care, lost wages and other recovery needs.