An evening out should be enjoyable, no matter where you dine. But a slip & fall incident in a restaurant may do more than spoil a nice evening. An injury from an unseen hazard can ruin more than just dinner.
It Can Happen Anywhere
Slipping and falling in a place like a restaurant is called “premises liability.”
Slips and falls may occur in any number of places. But restaurants are prone to slippery conditions and trip hazards due to the nature of their business. Most restaurants are conscientious of running a clean, safe establishment for employees and customers. But accidents do happen, and they may not be addressed as quickly as they should during a very busy time.
A restaurant owner (or any property owner or manager) has a legal obligation to keep their premises in a safe condition for anyone who visits or works there. They’re required to take care of any dangerous conditions as soon as possible, such as slick floors or icy sidewalks. Should a property owner/manager negligently ignore an unsafe condition, causing a preventable injury, the owner and/or the company can be held liable by the injured party for financial damages.
Partial Fault
If you are found partly at fault for your injuries, you’ll be assigned a percentage of fault, and your settlement can be reduced by that amount.
For instance, if a wet floor caused the unsafe condition that caused your slip, but you missed the warning signs because you were inebriated, you could be assigned a 10% fault for your injuries. A $10,000 settlement will be reduced by 10%, giving you a $9,000 settlement.
However, under West Virginia’s modified comparative fault rule, if you’re found to be more than 50% at fault (such as your inebriation being the reason for your slip and fall), you won’t be allowed to receive any settlement.
Open And Obvious
If you are injured by a hazard that is apparent to anyone who encounters it, but ignore the hazard and proceed anyway, you will not be able to sue under West Virginia’s Open And Obvious Doctrine. A property owner is still liable for a hazard that was unknown or not apparent, but not for something that everyone could clearly see. This prevents owners from being held liable from a patron who disregards his or her own safety and intentionally steps into harm’s way. Under this doctrine, your settlement could be reduced by the modified comparative fault rule, or eliminated altogether.
Documenting And Proving Liability
If you’ve been injured, of course, you should seek medical attention for your injuries. Tell the attending physician what happened, because a slip & fall involves specific types of injuries.
Your smartphone is your friend here–if you are able, take ample photographs of the place where you were injured (or have someone take them for you.) You’ll want to take several, particularly if there are any hazards that aren’t immediately obvious, or any dangerous conditions that were neglected. In addition to the accident scene, take pictures of your injuries as well.
Notify the owner, manager, or tenant immediately. The restaurant likely has a process for reporting accidents and injuries. If you’re asked to fill out a form or a report, get a copy of it for your records.
Keep records of everything involved with your case. This includes medical bills, doctor’s reports, any accident reports, prescriptions, insurance claims and anything else related your slip & fall accident. A file folder or accordion file stores everything in one place and will help keep you from misplacing anything. The file will help when you meet with your attorney.
Statute of Limitations
You have a two-year time frame from the date of the accident to file a lawsuit, known as the “statute of limitations.” If you don’t file within the legally allowed two-year period, you’ll lose your rights to file.
If you have insurance, you should file your claim immediately, as soon as you are able. Not all cases will require a lawsuit. If you file after the two-year period, when you can no longer file a lawsuit, you’ll have less leverage with your insurance company. They’ll be more difficult in settlement negotiations, because they know you won’t be able to sue.
Don’t Wait–Call Us Today
The Love Law Firm is West Virginia’s personal injury law firm with many years of experience handling slips and falls. Call us today at (304) 344 5683 and schedule your free consultation. There’s no fee until we win your case, and our contingency fee arrangement means you won’t pay unless we win your case.
