Accidents can be the result of random bad luck, or a case of being in the wrong place at the wrong time. But some accidents are the result of someone’s carelessness. And if that kind of accident results in someone getting hurt, the injured party may be wondering what kind of recourse they have.
A negligence claim is a means for determining legal fault in an injury-causing accident and how much, if anything, the injured party may receive in compensation. Here is a quick introduction to negligence laws in West Virginia.
Negligence Laws in West Virginia
State negligence laws can vary depending on the jurisdiction of the claim and the specific circumstances of the case. Under West Virginia law, if a person is injured in an accident and was also at fault to some degree, she could only recover damages for injuries that were not her fault. And if she was more at fault than the other party in an accident, she may not be able to recover any damages. The details of West Virginia’s negligence laws are listed below.
| Code Section | None |
| Comparative Negligence | Comparative negligence is reference to discovering and reporting unauthorized signature or alteration-bank statements Otherwise not specified. West Virginia Code 46-4-406: Customer’s Duty |
| Contributory Negligence-Limit to Plaintiff's Recovery | Not specified. |
| Contribution Among Tortfeasors | Yes West Virginia Code 55-7-13: Contribution by Joint Tort-feasors |
| Uniform Act | No |
General Negligence Law
The first issue in a negligence case is whether one person or group (defendant) owed a duty of care to the injured party (plaintiffs). And, if so, did the defendant commit a breach of duty? For example, stores owe a duty of care to provide safe premises for customers, and leaving water on the floor is a breach of that duty. The next issue is whether the defendant’s failure was the direct cause of the plaintiff’s injuries, and, if so, assessing the extent of the harm and the appropriate amount of damages. To continue our example, did the standing water and the plaintiff’s slip and fall (and not some other intervening event) cause the plaintiff’s injuries, how badly was the plaintiff injured, and what are the total damages.
More Resources for West Virginia Negligence Laws
State negligence laws, even when they are written down, can be complicated and difficult to understand. FindLaw's section on Negligence can provide you with additional articles and resources on this topic.
Talk to a West Virginia Attorney About Your Negligence Claim
State negligence laws can be complicated and difficult to understand. That's why it's important to seek the assistance of an attorney. If you've been personally injured or had property damaged because of someone else's negligence, you may have the right to recover compensation through the legal process. Talk to a personal injury attorney in West Virginia today.
