Sidewalk and Public Property Falls in West Virginia
Who is responsible for a fall on a broken sidewalk in West Virginia, the short deadline to file a notice of claim against a city or county, and limits on damages.
Short answer: West Virginia political subdivisions (cities, counties and similar local bodies) are liable for injury, death or loss caused by their negligent failure to keep public roads, highways, streets, alleys, sidewalks, bridges or public grounds open, in repair or free from nuisance (a… W. Va. Code §§ 29-12A-4(c)(3), 29-12A-5(a)(6)
| Sidewalk falls: who is responsible | West Virginia political subdivisions (cities, counties and similar local bodies) are liable for injury, death or loss caused by their negligent failure to keep public roads, highways, streets, alleys, sidewalks, bridges or public grounds open, in repair or free from nuisance (a municipality has a full defense for a bridge it is not responsible for maintaining or inspecting). They are immune for weather-related snow or ice conditions on public ways unless they negligently caused the condition. The sections read do not address liability of the owner of property next to a sidewalk. |
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| Claims against a city or county | Claims against West Virginia political subdivisions are governed by the Governmental Tort Claims and Insurance Reform Act. A lawsuit must be filed within two years after the cause of action arose or after the injury was discovered or reasonably should have been discovered, whichever is later (with a longer period for children injured under age 10); the complaint may not state a dollar amount. Punitive damages are not allowed, economic damages are not capped, and noneconomic damages are capped at $500,000 per person. State-agency claims are handled separately (see injury/government_claims). |
| Suing the government | Political subdivisions (counties, cities and similar local bodies): a lawsuit must be filed within two years after the claim arose or the injury was or should have been discovered, whichever is later (with a special rule for children under 10). Punitive damages are not allowed. Economic damages are not capped, but noneconomic damages are capped at $500,000 per person. The complaint may not state a specific dollar amount. Damage limits: https://code.wvlegislature.gov/29-12A-7/ |
| Deadline to sue for an injury | Two years after the right to sue accrues for damages for personal injuries. Source: W. Va. Code § 55-2-12(b) |
More West Virginia personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in West Virginia
- Wrongful Death Lawsuits in West Virginia
- Medical Malpractice Rules in West Virginia
- Car Accident Claims in West Virginia
- Dog Bite Liability in West Virginia
- Slip, Trip and Fall Injuries in West Virginia
- Motorcycle Accident Claims in West Virginia
- Pedestrian Accident Claims in West Virginia
- Bicycle Accident Claims in West Virginia
- Uber and Lyft Accident Claims in West Virginia
- Construction Site Injuries in West Virginia
- All West Virginia personal injury & wrongful death rules
FAQ
Who is liable if you trip and fall on a sidewalk in West Virginia?
West Virginia political subdivisions (cities, counties and similar local bodies) are liable for injury, death or loss caused by their negligent failure to keep public roads, highways, streets, alleys, sidewalks, bridges or public grounds open, in repair or free from nuisance (a municipality has a full defense for a bridge it is not responsible for maintaining or inspecting). They are immune for weather-related snow or ice conditions on public ways unless they negligently caused the condition. The sections read do not address liability of the owner of property next to a sidewalk.
How long do you have to file a claim against a city or county in West Virginia?
Claims against West Virginia political subdivisions are governed by the Governmental Tort Claims and Insurance Reform Act. A lawsuit must be filed within two years after the cause of action arose or after the injury was discovered or reasonably should have been discovered, whichever is later (with a longer period for children injured under age 10); the complaint may not state a dollar amount. Punitive damages are not allowed, economic damages are not capped, and noneconomic damages are capped at $500,000 per person. State-agency claims are handled separately (see injury/government_claims).
How do you file an injury claim against the government in West Virginia?
Political subdivisions (counties, cities and similar local bodies): a lawsuit must be filed within two years after the claim arose or the injury was or should have been discovered, whichever is later (with a special rule for children under 10). Punitive damages are not allowed. Economic damages are not capped, but noneconomic damages are capped at $500,000 per person. The complaint may not state a specific dollar amount.
What is the statute of limitations for personal injury in West Virginia?
Two years after the right to sue accrues for damages for personal injuries.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.