Slip and fall accidents can cause severe injuries and under West Virginia law, injured individuals may pursue compensation if the property owner’s negligence caused the accident. These cases fall under the broader category of premises liability.
West Virginia’s Premises Liability Law
West Virginia’s premises liability law is outlined in West Virginia Code § 55-7-28. This statute governs the liability of property owners for injuries that occur on their premises and states the following:
“A possessor of real property, including an owner, lessee or other lawful occupant, owes no duty of care to trespassers except in circumstances where the common law recognizes such a duty, including but not limited to, when the possessor engages in willful or wanton misconduct, or where the trespasser is a child and the conditions for the attractive nuisance doctrine are met.”
This statute confirms that West Virginia follows traditional common law principles for premises liability, while also codifying specific limitations on duties owed to trespassers.
Application Of West Virginia’s Premises Liability Law in Slip and Fall Cases
The state’s premises liability law reinforces the general framework for slip and fall cases by recognizing that the duty of care varies based on the classification of the visitor:
- Invitees: Property owners must exercise reasonable care to keep the premises safe.
- Licensees: Property owners must warn of known, hidden dangers.
- Trespassers: Property owners owe no duty of care, with exceptions for willful harm or attractive nuisances involving children.
This statute works in conjunction with West Virginia’s comparative fault law and statute of limitations to form the legal basis for evaluating liability in slip and fall claims. To hold a property owner liable for a slip and fall injury in West Virginia, the injured party must prove the following:
- Duty of Care: Property owners owe a duty to keep their premises reasonably safe for lawful visitors, meaning you were considered an invitee or licensee.
- Breach of Duty: The property owner failed to correct or warn about a dangerous condition.
- Causation: The hazardous condition directly caused the injury.
- Damages: The injured party suffered measurable losses such as medical bills, lost wages, or pain and suffering.
West Virginia’s Comparative Fault Rule
West Virginia follows a modified comparative fault system. This means an injured person can recover damages even if partially at fault, as long as their fault does not exceed 50 percent. The law is codified in West Virginia Code § 55-7-13a. It states:
“In any action based on tort or any other legal theory seeking damages for personal injury… the liability of each defendant for damages shall be several only and not joint. Each defendant shall be liable only for the amount of compensatory damages allocated to that defendant in direct proportion to that defendant’s percentage of fault.”
If the plaintiff (injured party) is found more than 50 percent at fault, they cannot recover damages. If they are 50 percent or less at fault, the court reduces the award in proportion to their percentage of fault. For example, if the injured person is found 40 percent at fault and suffers $100,000 in damages, they may recover $60,000.
Statute of Limitations in Slip and Fall Cases
West Virginia law limits the time to file a personal injury lawsuit to two years. This time frame begins on the date of the accident.
West Virginia Code § 55-2-12 provides:
“Every personal action for which no limitation is otherwise prescribed shall be brought: (a) within two years next after the right to bring the same shall have accrued…”
Missing this deadline usually results in dismissal, regardless of injury severity.
