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West Virginia Complaint for Personal Injury Fall on Sidewalk

State:
West Virginia
Control #:
WV-RH-202-01
Format:
PDF
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A01 Complaint for Personal Injury Fall on Sidewalk
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FAQ

The pavement defect must be at least 1inch (2.5cm) The accident must be within the time limit. You must have suffered an injury. You must have received medical attention. Record as much evidence as possible to support your claim.

The property owner owed you a duty of care. They breached the duty of care. The breach caused your accident and injuries. You have damages resulting from the accident.

A municipality is only liable for a slip and fall accident on a street or sidewalk if it was negligent and its negligence was a cause of the accident.Then, in order to prove that the municipality was negligent, you must prove that it knew or should reasonably have known of the unsafe condition.

Seek Medical Treatment. Your healthor the health of a loved oneshould be your number-one priority following a slip, trip, and fall accident. Report the Accident. Document Everything. Decline to Give Statements. Call an Attorney.

1Liability. The defendant had a duty of care, and was negligent in performing their duty of care.2Negligence. The defendant breached that duty and the plaintiff was harmed.3Responsibility/Fault. The breach of duty, or negligence on the part of the defendant, was a major factor in causing the plaintiff's injuries.

If hazards on another person's property exist and you are injured as a result, you can sue for a slip and fall accident.

Under California law, property owners are responsible for sidewalk repairs, but a law passed in 1974 makes the city responsible for sidewalks damaged by tree roots.

The short answer: yes. You are always entitled to take legal action if you suffer injuries as a consequence of someone else's imprudent actions, regardless of who they are.

Suffering a personal injury from tripping and falling on uneven pavement can result in filing a lawsuit against a negligent party.In some places, uneven sidewalks are the result of negligent property owners and they are to blame for resulting injuries. Elsewhere, municipalities or city government is responsible.

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West Virginia Complaint for Personal Injury Fall on Sidewalk