Slip and Fall Claims in West Virginia: Proving the Property Owner's Fault

When negligence upends your life in West Virginia, knowing how the law works puts you in control.

Premises Liability Basics

Property owners in West Virginia must keep their premises reasonably safe for lawful visitors. When they fail and someone is hurt, a premises liability claim may follow.

The Notice Requirement

A key issue is whether the owner knew or should have known about the hazard and had a reasonable chance to fix it. A spill that just happened is treated differently from one that sat for hours.

Comparative Fault in Falls

Insurers often argue the victim wasn't watching where they walked. Under W. Va. Code § 55-7-13a through 13d, that can reduce recovery, so documenting the hazard and the conditions is important.

Act Quickly

Hazards get cleaned up and footage gets overwritten. Photographing the scene and reporting the fall create the record your claim depends on.