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Understanding negligence under West Virginia law

| Jan 28, 2021 | Personal Injury |

Accidents can happen at any time, and depending on the circumstances, they may not be anyone’s fault. However, some of these incidents would not have occurred if it weren’t for the carelessness of a party who should have been responsible. Unfortunately, innocent people who get injured in such a situation may end up wondering what legal route they have to receive compensation. If you suspect that you sustained personal injury or other damages because of someone else’s carelessness, you may file a legal claim against them. Before doing so, it is wise to consider what actually constitutes negligence in West Virginia.

Laws in West Virginia

Every state has its own laws regarding negligence, but in West Virginia, an injured party may only receive compensation for damage caused by that part of the accident for which they were not at fault. This is often seen in consumer protection cases where a parent has filed a lawsuit against a toy company for creating a dangerous plaything that hurts their child. However, the company may hit back by stating that the toy was not used as the instructions intended, so they are not entirely liable. If a court in West Virginia agrees with this argument, the family would only receive partial compensation at best.

Duty of care

One of the best ways to determine what constitutes negligence is to ascertain if a party had a duty of care and if they violated it. For example, if you step into any business, the owner has a duty of care to their customers. In part, this would mean not leaving a puddle on the floor where it could cause a dangerous slip-and-fall accident. The court must decide if an accused party actually breached their duty of care.

No matter how strong your case looks, it is important to consult with an attorney about all aspects of it. Doing so may place you in a much better position to see a favorable outcome.