A West Virginia woman has filed a premises liability lawsuit against a local Captain D’s after slip-and-fall accident. The personal injury claim alleges that an icy parking lot caused her to fall, resulting in injuries to her hip, leg and head. The plaintiff asserts that the restaurant was negligent by failing to provide a safe environment for patrons.
It appears that icy conditions in the parking lot of the restaurant caused the fall. A claim of this nature is based upon the allegation that the restaurant is responsible for the keeping the premises free of hazards, including snow and ice. If the condition of a property directly contributes to injury or death, the owner/operator of the property could face claims for financial damages.
West Virginia laws will be considered when determining liability in this personal injury case. The woman’s case will undoubtedly be strengthened by presenting evidence of unsafe property conditions and the damage caused. This could be in the form of eyewitness accounts and photos, as well as medical bills and appropriate documentation of the injuries suffered. When an individual is injured and the evidence suggests that it was due to the negligence of a property owner, a case evaluation is the best way to assess the circumstances and determine what steps may be necessary to seek financial redress.
The woman seeks restitution for the costs associated with her fall as well as related damages recognized by our premises liability laws. Others in similar circumstances typically benefit by retaining legal counsel as soon as possible after a personal injury incident. While each case is different and each merits careful consideration, no one should have to suffer due to the negligence of other parties.
Source: wvrecord.com, “Customer blames Captain D’s in slip-and-fall suit“, Jan. 26, 2015