Slip and fall accidents can occur unexpectedly. Slippery floors, inadequate lighting, or a lack of warning signs can all lead to these incidents.
Property owners are responsible for keeping their property and spaces safe for all visitors, and can be held liable for any injuries and damages if someone gets hurt.
Whether you slip in a grocery store or fall in a parking lot, consider reaching out to a Charleston, WV slip and fall lawyer. At DiPiero Simmons McGinley & Bastress, PLLC, we have over 150 years of combined experience handling personal injury cases and are ready to assist you.
What Is a Slip and Fall Accident?
Over the past few years, according to the National Safety Council (NSC), more than 6.9 million people have been treated for injuries related to these incidents. To make matters worse, over 44,686 people have died from slips and falls.
A slip and fall accident happens when someone slips, trips, or falls on someone else’s property due to hazardous conditions. These incidents can occur anywhere, including restaurants, grocery stores, parking lots, sidewalks, and private residences.
In many cases, premises liability laws apply to these incidents. What does that mean?
Generally, the property owner may be held responsible for the accident. To determine liability, the court will consider several factors, including whether the property owner knew about the hazardous condition, they failed to address the issue promptly, or the injured party acted responsibly at the time of the accident.
What is considered a slip and fall accident? These incidents may involve:
- Wet floors: Without a caution sign, someone can slip on a recently mopped floor.
- Defective flooring: Loose tiles or torn carpet can be tripping hazards.
- Icy sidewalks: During the winter, visitors may fall due to icy or slippery sidewalks during winter.
- Broken stairs: Poorly maintained or broken stairs can lead to slips and falls.
- Uneven surfaces: Stepping on an uneven surface, like a cracked sidewalk or pothole, is another dangerous situation.
- Obstructed walkways: Clutter, cords, or debris are tripping hazards, which could lead to a fall.
- Poor lighting: Inadequate lighting in stairwells or hallways may cause a slip and fall accident.
Of course, there are plenty of common injuries associated with these accidents. While you may feel embarrassed about falling, you could also be left with serious injuries, such as:
- Broken bones, such as wrist, hip, or ankle fractures
- Damage to ligaments, tendons, or muscles
- Contusions and bruises
- Concussions, skull fractures, or traumatic brain injuries
- Herniated discs, spinal fractures, or nerve damage
- Damage to muscles, ligaments, and tendons
- Cuts and abrasions
- Broken teeth or jaw fractures
While a slip and fall may seem like an innocuous event, it can lead to significant injuries with long-term effects.
Who Is Responsible for a Charleston Slip and Fall Injury?
Unfortunately, slip and fall injuries are common. In almost all cases, the responsibility for these incidents falls on the property owner or manager. Why? Because property owners and managers are legally obligated to maintain safe premises for visitors, customers, and passersby.
Negligence in property maintenance, oversight, or failure to address hazards can lead to slip and fall accidents. When poor conditions cause an injury, the owner or manager may be held liable for medical expenses, lost wages, pain and suffering, and other related damages. For that reason, all property owners and managers need to take all necessary precautions to ensure the safety of their visitors, and customers and promptly address any hazards that may arise.
While property owners or managers are primarily responsible for maintaining safe premises, there can be situations where the victim may share some responsibility.
One factor that can impact liability is the concept of assumption of risk. If the victim knowingly encountered a hazardous situation and proceeded anyway, they might assume some risk. For example, if someone ignored a “Wet Floor” sign and slipped, their own decision could impact liability.
Trespassing is yet another scenario that can impact liability. If the victim was trespassing or not legally allowed on the property, their rights may differ. Property owners owe a lesser duty of care to trespassers.
Open and apparent hazards also need to be taken into account when determining liability. If a hazard is open and obvious, the victim is expected to take reasonable precautions. For instance, if there’s a clearly visible pothole, the victim should avoid it.
Determining liability is a difficult process. For that reason, you’ll want to hire an experienced Charleston slip and fall lawyer to assist with these cases.
What Evidence Is Needed to Back Up My Claim?
Slip and fall accidents can occur anywhere, from public spaces like shopping malls and restaurants to private properties like homes and office buildings. If you have been injured, you need compelling evidence to build a strong case.
Some types of evidence to strengthen your claim may include:
- Incident reports: These reports are created by businesses or property owners when accidents occur on their premises. They provide specific details about the accident, including the location, time, and circumstances. You will want to get a copy as soon as possible.
- Surveillance videos: Security cameras often capture slip and fall incidents. Video footage can show the hazardous condition, the fall itself, and any contributing factors. If possible, you will want to obtain a copy of any video evidence.
- Photographs: After an accident, you should take pictures of the accident scene, including dangerous conditions like a wet floor or broken stairs. Along with that, document any visible injuries that you have suffered.
- Witness statements: Eyewitness accounts can be powerful evidence and help you prove negligence in your claim. Get statements and contact information from anyone who saw the accident or the dangerous conditions.
- Medical bills and records: Your medical records will help to prove that you suffered injuries from the incident. Treatment bills, doctor’s notes, and diagnostic reports will show your medical treatment and expenses incurred.
- Verification of lost wages: If your injuries caused you to miss work, you have to provide evidence of lost wages. Pay stubs, employer statements, or tax records can support your claim.
- Receipts for replacement services: If you need help with daily tasks due to your injuries, keep receipts for services like house cleaning or childcare. These expenses can be included in your claim.
- Cost of personal property damage: If personal items, such as clothing or a phone, were damaged during the fall, document their value and repair costs.
Remember, the strength of your evidence will play a major role in winning a slip and fall case.
If you want to know your claim’s validity, contact a Charleston, WV slip and fall lawyer. We can assist you in seeking compensation for your injuries, medical expenses, lost wages, and other damages.
Statute of Limitations on Charleston Slip and Fall Cases
Under West Virginia Code Section 55-2-12, the statute of limitations for personal injury cases is two years from the date of the injury.
This means you have two years from the date of the incident to file a claim. The deadline is strict. Failing to file within this timeframe may result in the court dismissing your case.
Remember that the clock starts running on the day the slip and fall incident occurs. If someone you love suffered fatal fall injuries, the statutory clock for a wrongful death claim starts running on the date of their passing. One of the key reasons why timing matters in slip and fall cases is that early action allows for thorough investigation.
Your legal team will need to focus on scene assessment, witness identification, and evidence collection.
What To Do After a Slip and Fall Accident
If you’ve experienced a slip and fall accident in Charleston, West Virginia, it can be a stressful and confusing time. However, there are several steps you can take to protect your rights and increase your chances of receiving compensation for your injuries.
First, always seek medical attention as soon as possible. Your health is the top priority, especially after an accident. You will want to get the proper medical care for any injuries you may have sustained.
Once you’ve received medical attention, make sure to gather evidence related to the slip and fall.
As we previously mentioned, take photos of the accident scene and note the incident’s date, time, and location. Along with that, you will want to reach out to a reputable attorney, like those at DiPiero Simmons McGinley & Bastress, PLLC, to help with your Charleston slip and fall cases. We will assess the circumstances of the accident to determine who is liable.
Was it the property owner, a business, or another party?
Once we have determined liability, we can help you file a formal claim against the responsible party. This involves sending a demand letter outlining your injuries, damages, and compensation sought.
Depending on the response from the other party, a Charleston, WV slip and fall attorney will negotiate a settlement or proceed with a lawsuit if necessary.
If you have any questions about how to proceed with your slip and fall case, make sure to schedule a consultation with the legal team at DiPiero Simmons McGinley & Bastress, PLLC.
Consult with Our Charleston, WV Slip and Fall Lawyer
Are you ready to discuss your slip and fall case in Charleston, WV?
At DiPiero Simmons McGinley & Bastress, PLLC, we are here to help you take the next steps with your claims. Whether you want to know about potential compensation or if you have a valid claim, our legal team can answer all your pending questions.
After suffering an accident, the last thing on your mind is gearing up for a legal fight. With our help, you can focus on your health and recovery while we handle the rest. Our attorneys more than 150 years of combined experience with our team’s dedicated personal injury lawyers.
If you are ready to move forward, make sure to contact our office to schedule a consultation.
We’ll provide you with a free case assessment to help you determine your legal options.
