West Virginia Injury Lawyer Blog

Every state has its own set of rules for dog bites, and West Virginia is no exception. Strange but true animal stories are often difficult to try in court, and it takes an experienced personal injury attorney to successfully argue these types of cases. For instance, when your dog bites another person, you know that you can be held liable. However, what happens when your dog bites another dog, who is responsible?

The answer is: it depends. Some towns have ordinances holding the more aggressive dog responsible, even if that dog is injured as well. Other local governments rely on the rule that the owner of the dog that was not injured is liable, regardless of which dog started the fight. Generally speaking, though, the owner of the dog who caused the injuries is liable to pay for the other dog's vet bills. In the cases in which both dogs have vet bills, the case can be more complicated. Similarly, other unusual animal injuries can be just as confusing to sort out.

Instead of trying to defend yourself against an angry dog owner, talk to a lawyer who can help you figure out what you are liable for in your particular situation. Before you accept responsibility, it's a good idea to get witness statements and a professional opinion from an attorney who can accurately diagnose fault. Especially in cases where dogs or other animals receive fatal injuries, you've got to have legal representation on your side.

Product defect cases can be tough to prove, especially against major manufacturers with limitless legal resources behind them. Companies will often try to prove that you misused the product to cause an injury or that you ignored the operator instructions or warnings at your own risk. However, a West Virginia personal injury lawyer can defend your case against manufacturers of all sizes to get you damages for your injury.

How Do You Prove a Product Caused Injury?
A lawyer's duty is to prove that a product (i.e. a toy, piece of sporting equipment, bicycle, mattress, fireplace, tool, etc.) was either designed improperly, manufactured incorrectly or marketed inadequately - all of which could cause a product to be defective. To do this, a lawyer must consider several factors, including:
- Whether a design defect was planned or unplanned
- Whether an error during the manufacturing process caused an injury
- Whether the product actually had a defect at any level (design, manufacturing or marketing)

Certain risks can also be deemed as defects, such as the level of danger a certain product poses. Danger alone does not make a product defective, however. What good would a dull knife be? But, if a product is unreasonably dangerous for the level of task it is designed to perform, it could be considered defective.

At the end of the day, the law holds manufacturers responsible to police their products for safety before they hit the market. They need to be properly labeled with warnings and instructions and they should be properly tested for durability prior to market delivery. If a defective product has injured you or someone you care about, call a personal injury lawyer to handle your case.

West Virginia residents who have been injured as the result of product defects can sue manufacturers for damages, no matter how small or large the company. Manufacturers are responsible for making safe products and they are required by law to compensate victims of their faulty products if they are shown to be negligent in any way. Although every case is certainly unique, most product defect cases can be classified into one of three groups: design defects, manufacturing defects or marketing defects.

Design defects are those that cause injury due to faulty planning in the actual creation of the product (i.e. a table with only three legs would be unstable by design). Manufacturing defects are those that cause injury due to unintended faults in construction (i.e. a table with four legs but one is not attached properly). Marketing defects are those that cause injury due to the way the product was sold. This can include a lack of or inadequate warnings and proper usage instructions.

Product defects can occur in most retail items, including mattresses, appliances, sporting goods, electronics and toys. As a matter of fact, the U.S. Consumer Product Safety Commission reports that in 2008, there were 19 toy-related deaths and around 172,000 hospital emergency room visits due to toy-related injuries in the United States alone. Children under the age of five sustained almost half of these injuries.

A personal injury lawyer will work with you to determine the details of your case, including how the injury occurred, the severity of the injury, what exactly went wrong with the product and which manufacturer is responsible (in cases where multiple companies assembled a product). A lawyer may even bring in an expert witness to testify as to the stability or construction of the product to bolster the facts of your case.

For West Virginians, losing a loved one is a devastating blow to the family. The unexpected loss of a family member, spouse or child because of the negligence of someone else is all too often traumatic and shockingly sudden. The Mayo Clinic reports that the feeling of grief is different for everyone, from feeling numb and removed from daily life to being unable to carry on with regular duties due to a crippling sadness.

No matter how you handle your grief, it is a natural reaction to loss. Individual experiences vary from person to person, but you should never feel alone in your suffering. Grief is a universal phenomenon that we all go through during life. This fact doesn't make it any easier to endure, but it may help you understand the process. Experts advise people who are grieving to realize that they can't control it and to prepare themselves for the stages of grief, from denial to acceptance and all points in between. Sometimes people feel better after a few months, but others can suffer for years.

How a Lawyer Can Help
When you hire a wrongful death lawyer, you can relieve some of the stress associated with the loss of a loved one. A lawyer can handle all the paperwork for you so you can simply focus on your family. You shouldn't have to worry about gathering accident scene evidence, witness statements and haggling with an insurance company over an unfair settlement. A lawyer will work as an advocate for your rights after a wrongful death has affected your family.

Known as The Mountain State, West Virginia is home to majestic views and winding passes through the Appalachian Mountains. While this scenery provides great backdrops for Sunday drives and postcard pictures, these mountain roads can also pose serious risks for drivers who come face-to-face with large trucks and tractor-trailers on West Virginia highways.

When a car gets into an accident with a semi truck, the car always loses. There is just no comparison in the size, weight and destructiveness of a semi truck versus a car. Sadly, the injury outcome is usually catastrophic. Severe injuries, disfigurement and even death can result from truck accidents in West Virginia. That's why it's so important to have a personal injury lawyer on your side when you've been involved in a truck accident.

A lawyer can prove that a semi truck may be at fault in the accident due to several mistakes, including speeding, reckless driving, improper maintenance of the truck, an unsecured load or an unbalanced load. Particularly for out-of-state drivers passing through the mountains who are unfamiliar with the territory, the likelihood of driver error is high.

If you've been hurt in a truck accident on a West Virginia highway, contact a lawyer today. You need sound legal advice to help you recover damages for your injuries or for the loss of a loved one. These types of accidents can be very traumatic and should not be handled alone. Even if a trucking company has offered you a settlement, you should have an attorney review the offer before you accept the terms to ensure that you're being adequately compensated.