Buckhannon, WV asked in Personal Injury for West Virginia

Q: I stepped in a hole & fell at the Chevy dealership and severely sprained my ankle. What are our legal options?

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing

A: For starters, get medical treatment/examination. If you can photograph the hole. You are a business invitee, and are owed a higher duty of care than a trespasser (I'm assuming this was during normal business hours.

Your right to recovery will be affected by what you say. Avoid recorded statements. If you gave one, avoid others.

Hopefully, your ankle will speedily heal and you will have a smaller claim. Do not agree to settlement until you know your medical costs--your insurance that pays for your treatment will have a "subrogation" claim.

Call a member of the W.Va. Trial Lawyers Assn. in your area--they give free consults.

Matthew Stapleton
Matthew Stapleton
  • Huntington, WV
  • Licensed in West Virginia

A: You can bring a premises liability case against the dealership/property owner. In WV, all places open to the public have a duty to keep their premises in a reasonable safe condition. However, if the hole was open and obvious you will not be able to bring a case. If the hazard, which was not open and obvious, causes injury the owner or person controlling the property can be liable.

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