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for West Virginia
Injury Victims


What Should I Do Immediately After a Dog Attack?

Published on Jan 9, 2024 at 5:46 pm in Premises Liability.

What Should I Do Immediately After a Dog Attack

More than 4.5 million people are bitten by dogs every year in the United States, and according to the CDC, at least half of those bites happen to children. Approximately 800,000 of the people bitten by dogs receive medical attention for their injuries. While dogs usually bite as a reaction to something, some dog breeds are generally more aggressive or more prone to biting.

Please seek medical attention if you’ve been bitten by a dog, even if you don’t think it’s that serious. Dog’s mouths carry all kinds of bacteria that can cause infections in humans who are bitten, and a “small nip” can easily turn dangerous if left untreated. And, if you suffered from a dog attack due to the negligence of a dog owner, our team at DiPiero Simmons McGinley & Bastress, PLLC can help you pursue legal action.

Who Is Liable if I Slip and Fall on a Public Sidewalk in West Virginia?

Published on Mar 31, 2023 at 5:05 pm in Premises Liability.

Who Is Liable if I Slip and Fall on a Public Sidewalk in West Virginia?

Whether you travel by foot to the bus stop, take your dog on an evening stroll, or regularly walk between businesses, chances are that you use a public sidewalk on a regular basis. Many publicly-owned sidewalks in West Virginia are well-maintained and safe, but there are also many stretches of public sidewalks that are cracked, buckled, bulging, or built at angles that pose a threat to pedestrians.

If you’ve been injured while walking, you may be wondering who is liable for a slip and fall on a public sidewalk in West Virginia. Holding local governments and municipalities responsible for their negligent or wrongful actions can be a challenge, and it is not always clear when they may actually hold any responsibility for a fall and resulting injuries.

What Happens if I Fall in the Hospital?

Published on Oct 28, 2022 at 3:55 pm in Premises Liability.

What Happens if I Fall in the Hospital?

Thousands of patients are injured in hospital falls every year in the United States. It’s estimated that up to a million people suffer fall accidents in a hospital setting annually. Clients too often come to us with the question: What happens if I fall in the hospital? The good news is that you can take legal action after hospital negligence causes serious injuries.

DiPiero Simmons McGinley & Bastress, PLLC is a personal injury law firm serving the people of Charleston and surrounding areas of West Virginia. If you or someone you love was injured in a hospital fall accident, we have the experience to guide you through the legal process of filing a claim. This can help you rightfully recover the financial compensation needed for medical bills and other expenses associated with your fall injury.

West Virginia Dog Bite Laws

Published on Aug 10, 2022 at 4:09 pm in Premises Liability.

West Virginia Dog Bite Laws

Many people fear dogs because they’re well aware of the dangers they pose if they attack. An adult dog’s bite is far more powerful than the nibble a puppy with small and perhaps less developed teeth might give you. The older a dog is, the more significant damage it can likely do with its teeth.

If you’ve been bitten by a dog here in Charleston, WV, you might have mounting medical bills you now need to pay. You may also want to find a way to assign a monetary value to the pain and suffering you have endured. A dog bite attorney at DiPiero Simmons McGinley & Bastress, PLLC can help. Let’s explore how West Virginia dog bite laws address dangerous canine attacks and your right to recover compensation after they occur.

How Common Are Falls on Escalators?

Published on Jun 24, 2022 at 2:04 pm in Premises Liability.

How Common Are Falls on Escalators?

While they are not overly common, there are at least a few places here in West Virginia that have escalators. Some establishments that commonly have these constantly moving staircases include multi-story office buildings, airports, shopping centers or malls, mass transit hubs, and sports arenas.

Many people fear using escalators because they’ve seen videos on the news showing individuals losing their footing and falling down. Are these isolated incidents or fairly commonplace? Are slips, trips, and falls the only injury risk escalator users have to worry about? Also, what injuries might result from an escalator-involved incident? Answers to these questions (and others) can be found throughout the remainder of the article.

How Often Do Slip and Fall Accidents Go to Trial?

Published on Aug 20, 2020 at 3:43 pm in Premises Liability.

Caution sign on floor

Even though we may see falls as minor, they can cause serious injuries. According to the Centers for Disease Control and Prevention (CDC), one in five falls causes a serious injury, like a broken bone or a brain injury. When your fall was caused by someone else’s negligence, like a wet floor without a warning sign, then your resulting injury was their fault. You shouldn’t have to bear the financial burden of your injuries alone.

Tips for Filing a Personal Injury Claim Against a Business

Published on Jan 30, 2020 at 1:07 pm in Premises Liability.

Person on computer and taking notes

When you go to a business to shop their inventory or just mill around, they become liable for your safety because you are on their premises. Though they are not liable for absolutely any injury you might suffer on their property since they cannot prevent every type of injury, there is an expected duty of care that they must provide for you.

Who’s Responsible if a Child is Seriously Injured at a School?

Published on Aug 7, 2019 at 2:02 pm in Premises Liability.

Your child spends most of their day at school during the school year, and not in your care. You expect the school to keep your child safe, just as you would. But some teachers or administrators may act negligently when it comes to supervision, protection, or maintenance, even though they are supposed to be acting in place of parents, or “in loco parentis.” Certain cases of negligence fall under premises liability, and you may be able to sue a negligent party if they did not uphold the standards expected of them and the institution.

Who’s Liable When Someone Is Seriously Injured on a Trampoline?

Published on Jul 31, 2019 at 1:58 pm in Premises Liability.

Trampolines are a fun and different way to be active. Adults may see it as a form of exercise and kids typically can’t wait to get on one and start jumping until they tire themselves out. While trampolines may seem like an enjoyable way to pass the time, there are considerable concerns when it comes to the types of injuries a trampoline can cause. It’s even more confusing when you’re wondering who is liable for the injury.

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