Slip, Trip and Fall Injuries in West Virginia
When a store, landlord or property owner in West Virginia is responsible for a fall, falls on ice and snow, how fault is shared, and the deadline to sue.
Short answer: A West Virginia statute limits slip-and-fall and other premises claims for obvious dangers: a property owner, lessee or other lawful occupant owes no duty to protect others against dangers that are open, obvious, reasonably apparent, or as well known to the injured person as to the… W. Va. Code § 55-7-28
| Slip and fall: property owner's duty | A West Virginia statute limits slip-and-fall and other premises claims for obvious dangers: a property owner, lessee or other lawful occupant owes no duty to protect others against dangers that are open, obvious, reasonably apparent, or as well known to the injured person as to the owner, and is not liable for injuries from those dangers. The Legislature said the law restores the 'open and obvious' doctrine as it stood before the state Supreme Court of Appeals' 2013 decision in Hersh v. E-T Enterprises. The statute does not itself create any cause of action; the general duty owed to visitors comes from court decisions not read here. The general duty of care owed to lawful visitors is court-made law; no official opinion was read, so it is not described. Source: W. Va. Code § 55-7-28 |
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| Falls on snow and ice | For claims against West Virginia cities, counties and other political subdivisions, the Governmental Tort Claims and Insurance Reform Act gives immunity for losses resulting from snow or ice conditions or other temporary or natural conditions on any public way or public place caused by weather, unless the condition was affirmatively caused by the political subdivision's negligent act. This covers political subdivisions only; no statute or official source on snow and ice for private property owners was read. Source: W. Va. Code § 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. |
| 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). |
| Fault rule (comparative negligence) | Modified comparative fault (51% bar). An injured person's fault does not bar recovery unless it is greater than the combined fault of all others responsible; otherwise, recovery is reduced by the injured person's percentage of fault. Each defendant's liability is generally several only (each pays its own share), except for defendants who conspired together. |
| 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
- Sidewalk and Public Property Falls 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 responsible if you slip and fall on someone's property in West Virginia?
A West Virginia statute limits slip-and-fall and other premises claims for obvious dangers: a property owner, lessee or other lawful occupant owes no duty to protect others against dangers that are open, obvious, reasonably apparent, or as well known to the injured person as to the owner, and is not liable for injuries from those dangers. The Legislature said the law restores the 'open and obvious' doctrine as it stood before the state Supreme Court of Appeals' 2013 decision in Hersh v. E-T Enterprises. The statute does not itself create any cause of action; the general duty owed to visitors comes from court decisions not read here.
Can you sue for slipping on ice or snow in West Virginia?
For claims against West Virginia cities, counties and other political subdivisions, the Governmental Tort Claims and Insurance Reform Act gives immunity for losses resulting from snow or ice conditions or other temporary or natural conditions on any public way or public place caused by weather, unless the condition was affirmatively caused by the political subdivision's negligent act.
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).
Can you recover damages if you were partly at fault in West Virginia?
Modified comparative fault (51% bar). An injured person's fault does not bar recovery unless it is greater than the combined fault of all others responsible; otherwise, recovery is reduced by the injured person's percentage of fault. Each defendant's liability is generally several only (each pays its own share), except for defendants who conspired together.
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.