Slip and Fall Accidents in West Virginia

Public facilities must meet certain access criteria on their grounds to ensure easy access for everybody.  The Americans with Disabilities act requires business serving the public to conform to the standards they have codified.  Wheel chair ramps must have a certain pitch to them for example.  Failure to provide adequate access not only violates the disabilities act, but it may make walking surfaces unsafe to handicapped and even non-handicapped pedestrians.

Unsafe property falls under premises liability law. Another name for premises liability law is <a onClick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href=http://www.jrleach.com/slip-fall.html >“slip and fall.”</a>  The pubic expects the places that are accessible to them to be free from dangers.  Spills and temporary problems must be cleaned up as quickly as possible and warning signs posted while drying.  Structural problems such as a broken sidewalk should be cordoned off to the public until repairs are made.  If you get hurt in an area where adequate warnings are posted, you may be assuming some, if not all of the risk of personal injury.

Under premises law there are three basic types of guests categorized.

• Invitee
• Licensee
• Trespasser

Businesses such as amusement parks, either explicitly or implicitly invites people onto their property for commercial reasons.  An amusement park opens its gates and provides all sorts of promotions and advertising to get you to come and ride on their equipment.  If you go, you are considered an invitee.

A licensee type of guest relates to more of a social environment and covers individuals who pay a social call to your house, or walk on the sidewalk in front of your house.  The dangers are probably fewer than those found at an amusement park are, but as the owner, you are responsible for the upkeep of the property.

Finally, a trespasser is also a guest.  While their rights are reduced, you may still be held liable if a trespasser is injured or killed on your property.  Surviving family members of a fatally injured person may file a wrongful death suit against you.  If the dangers are deliberately hidden, or if the likelihood of a trespasser entering your property is great, you may need to post extra precautions near potentially dangerous equipment to avoid liability in an accident.

If you fell on someone else’s property, you should consider contacting an experienced slip and fall accident attorney after receiving medical care.  They can help you establish a case and file a claim to try to recover damages resulting in your personal injury claim.  You want to file as quickly as possible as the opportunity for filing a claim is rather narrow.

If you live in West Virginia or Ohio and have been hurt due to a <a onClick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href=http://www.jrleach.com/about.html>slip and fall</a>, please visit the website of <a onClick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href=http://www.jrleach.com/about.html>Jan Dils & Jim Leach, Attorneys at Law, PLLC</a> today.