Jarretts Ford, WV asked in Personal Injury for West Virginia

Q: I slipped and fell while I was at a friend's house and broke my collarbone and had to have surgery on it and I was wonde

Do I have a Case

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3 Lawyer Answers
T. Augustus Claus
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A: Determining whether you have a case after slipping and falling at a friend's house in West Virginia involves considering several factors. These factors include the condition of the property—whether it had any hazardous elements like uneven flooring, loose carpeting, poor lighting, or spills. Additionally, the knowledge your friend had about the property's condition is crucial. If they were aware of dangers but didn't warn you or address them, they could be held responsible for your injuries. Your own actions at the time of the fall, such as wearing appropriate footwear, also play a role. The extent of your injuries and resulting medical expenses is a significant factor. In West Virginia, the "premises liability" doctrine applies, meaning property owners must maintain a safe environment for visitors. However, legal requirements and standards may vary based on the circumstances.

A: It depends on what caused you to fall. In West Virginia a property owner has a responsibility to prevent injuries to invitees by inspecting their properties remedying any known hazards in a timely fashion or otherwise warn visitors of the hazard. I would contact a West Virginia personal injury attorney for speaking to any insurance company.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: It could depend on how you fell. Falling, in and of itself, does not automatically result in your having a case. If the fall was attributable to defect or some form of negligence, it's possible that you might have a case. An attorney could advise more definitively after reviewing in detail. Good luck

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