Trip and Fall on a West Virginia Sidewalk: Who Pays?

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

Public vs. Private Sidewalks

Responsibility for a sidewalk can fall on a private property owner or a government entity, depending on location and local rules. That distinction shapes the entire claim.

Government Claims Have Special Rules

If a city or county is responsible, your claim falls under the Governmental Tort Claims Act, W. Va. Code § 29-12A, with shorter notice deadlines. Missing them can bar recovery.

Document the Defect

Photograph the defect with something for scale, note the exact location, and report the fall. These steps preserve the evidence your claim needs.