West Virginia Injury Lawyer Blog

A tragic explosion at the Upper Big Branch Mine in Montcoal, West Virginia this month continues to weigh heavily on the hearts and minds of many state residents. 29 miners lost their lives in the blast that occurred on April 5, 2010. The Massey Energy Company, which owns the mine, was cited for 515 violations of safety in 2009 and another 124 already in 2010 prior to the explosion. The mine has been fined more than $382,000 for these violations, many of which included safety issues with the ventilation plan and related equipment. The exact cause of the explosion has yet to be determined.

Preventing Gas Fires and Explosions
If you own a home or a business in West Virginia, you have a certain responsibility to protect those who you invite into your home or place of business. Gas fires and explosions are some of the most unpredictable and deadly types of incidents that can take place on your property. Taking care to prevent these types of events can save lives and limit your liability in the case of an accidental injury.
- Have gas lines, electrical outlets and appliances inspected yearly for leaks, cracks or worn-out hoses
- Call the appropriate utility company before you dig any hole on your property
- Never store, clean or discharge weapons around gas lines or open flames

Gas fires and explosions can happen in a number of places, including obvious work environments such as coal mines, aboard or around gasoline tanker trucks, pipelines and factories. However, they can also occur as the result of carelessness with gas fireplaces, gas stoves, camping equipment, defective products, welding equipment, gas BBQs, propane heaters and fumes from gas cans. If you've been injured in a fire or explosion, you have rights. Contact a West Virginia personal injury lawyer to help you today.

According to the Mayo Clinic's website, the risk of falling after the age of 65 is about one in three. While most falls aren't serious in nature, they are still the leading cause of injury and injury-related death among older adults, says the site. In addition, the CDC (Centers for Disease Control) reports that nearly 2 million elderly Americans are treated for falls annually in emergency rooms in the U.S.

Ways to Reduce Risk of Injury from Slip and Fall Accidents
Given the severity of the injuries that elderly West Virginians can incur as the result of slip and falls, it is important to minimize risk whenever possible. One good way to do this is to keep living areas clear of clutter, bulky furniture and loose rugs that can slide. Another way is to install handrails in tubs, on stairways and in other high-traffic areas. Finally, elderly citizens should always make sure that steps and sidewalks are repaired to eliminate cracks or other uneven surfaces that could lead to falls.

Health wise, elderly men and women can also help themselves by staying active. Just a few minutes of physical activity a day can help seniors improve and maintain their dexterity and balance to prevent falls. Further, taking calcium supplements and/or medications to combat the effects of osteoporosis can also be very helpful. As we age, bone density decreases, increasing the risk for fractures from falls.

Sometimes, though, slip and falls are caused by the negligence of another person or business. If you're caring for someone who has been injured in a slip and fall accident, be sure to contact a reliable personal injury lawyer right away. The law limits the amount of time you have to file a claim against another party, so don't delay.

In January, U.S. Transportation Secretary Ray LaHood announced an interim ban on truck and bus driver texting on the highway. On April 1, 2010, the NHTSA took this action a step further, proposing making the ban on text messaging while driving a commercial truck or bus a permanent one nationwide. The proposed ban would apply to vehicles weighing more than 10,000 pounds and would carry either civil or criminal penalties for offenders.

Navigation devices, DVD players and cell phones have contributed to thousands of accidents across the United States, and given the deadliness of truck accidents, these types of distractions are all the more dangerous. Safety advocates from all corners of the nation are fighting back to keep drivers safe on the highways. According to the Department of Transportation, 5,870 people were killed and another 515,000 were injured in 2008 because of crashes in which the driver was distracted because of texting or talking on a cell phone, using a navigation device or some other type of distraction.

Even the trucking and bus industries support the ban, citing that their drivers would benefit from the proposal. Many companies have already enacted bans on texting while driving commercial vehicles. Additionally, many states have issued a texting-while-driving ban as well. 20 states and the District of Columbia already have bans on texting while driving and many more are following suit. Nine other states have bans on youth driver texting.

If you drive on I-68 or I-79, you know that texting by truck and bus drivers poses a huge danger to all drivers. If you've been the victim of a truck driver who was distracted on the road, call a truck accident lawyer in Elkins who can fight for all you deserve.

A "slip and fall" is a personal injury that usually occurs because of the negligence of another person or business. In 2004, more than 8 million people were injured, according to the National Center for Injury Prevention and Control. Some slip and fall accidents are minor, only resulting in cuts, scrapes or occasional broken bones. For example, if a business fails to put salt or sand down on the front steps on an icy day in January and you sustain a broken arm after falling, the business may be held liable for your injuries.

However, some slip and fall injuries can be gravely serious, such as falls from dramatic heights or falls that involve secondary injuries when victims are impaled on objects. In more serious cases, victims may have recurring health problems as a result of their injuries. Over time, these nagging (and often debilitating) injuries can impair quality of life. Constantly having to return for doctor exams, procedures/surgeries and treatments can not only take valuable time away from your home and work commitments, but it can also take a toll on your emotional wellbeing.

Particularly for people who have sustained long-term injuries like spinal cord or brain injuries, life is often never the same. Research suggests that losing the ability to be independent in early to middle life can even cause early onset of Alzheimer's and dementia as well as shorten the expectancy of life, according to a recent Mayo Clinic study.

Personal Injury Settlements Account for Loss of Quality of Life
Some people may wonder why or how lawyers in West Virginia are able to obtain such high recovery amounts for clients who have been in personal injury accidents. Most likely, it's because the victims have suffered life-altering injuries that will irreparably make their lives more difficult. Negligent companies have a responsibility to make life comfortable for people they injure, and although it's not a cure for any condition, a sizeable settlement can help make life more bearable.

The "Home Rule," or "municipal home rule," is a legal term referring to the power of local governments to act independently to regulate public health and welfare of their communities without approval or oversight by the state government. Some states have self-executing home rule provisions in their constitutions, some require legislation to enact the rule and other states allow the home rule in cities and towns with a certain minimum population. Several states have no provision for the home rule at all.

The West Virginia constitution provides for the home rule through enabling legislation. This means that a law must be passed by the state for the home rule to be functional. In 2007, Governor Joe Manchin signed the home bill into effect in West Virginia. In 2008, a state panel implemented the Municipal Home Rule Pilot Program, through which it chose several cities throughout the state, including Charleston and Wheeling, to participate in a five-year test run of the program.

During the test run, the participating cities would have more power to conduct local business. Since the pilot program was started, Charleston has passed several new city ordinances that have greatly improved the speed and efficiency of dealing with building code and zoning violations. The Charleston Planning Department says the home rule is working exactly the way they hoped it would and that the statistics generated in the department's annual report show that the use of the rule is working in Charleston.

Wheeling used the home rule pilot program to become the first West Virginia city with a vacant building registration plan. Wheeling's mayor said that vacant and abandoned buildings were a major problem for inner-city redevelopment and that any new ordinance that gives the city more power to deal with this problem is a good thing and necessary to help the city hold building owners accountable.

The response to the home rule pilot program in West Virginia has been lively. In March 2010, only two years into the five-year home rule pilot program, the West Virginia State Senate is expected to expand the power of local governments in the state even further with additional home rule legislation. An experienced attorney who works with area businesses can help you examine how the home rule may affect your business in West Virginia.

The U.S. Chamber of Commerce's Institute for Legal Reform recently released the Harris Study, which ranked West Virginia's court system as 50th in the nation. The study was designed to rank states in order of business climate conditions, but several legal advocacy groups feel that the study is simply an attempt by corporate lawyers to denigrate state legal systems for their own benefit.

Both The West Virginia Association for Justice and the Center for Justice and Democracy based in New York have released statements in opposition of this study, claiming that the facts in it are false and unfair. The Center for Justice and Democracy cites professor Theodore Eisenberg, Professor of Law and Statistical Sciences at Cornell University: "The Chamber's willingness to vilify states and counties to promote both itself and legislation may be the product of the same mentality that has led to shocking business failures." The Center also claims that the study used "deplorable methodology," and quotes from Eisenberg's findings:

"The Chamber's survey violates the elementary principle that evaluation of legal system performance should be based on input from both sides to disputes," noting the obvious: "asking only one side to a dispute about a system will yield biased results."

Eisenberg goes on to note that study participants were not only informed of and influenced by the prior year's results, but they were also paid for their contribution. He claims that this also leads to more biased results that only further invalidate the study.

In the end, the study has lasting impacts on the business and legal climate in West Virginia and other low-ranking states. However, there are many lawyers in West Virginia who will continue to fight for citizens in cases ranging from personal injury to criminal defense. It's up to you to decide which lawyer takes your case seriously and treats you fairly, regardless of any study.

If you've suffered a personal injury in West Virginia due to the negligence of someone else, you have the right to recover damages for your injuries. If you slip and fall on a wet floor at a grocery store that has not been marked or sectioned off properly, you can sue the store for your medical expenses, lost wages, etc.

However, not every personal injury case is so straightforward. Sometimes, there are additional parties responsible for your injury, or multiple parties who may have contributed in the negligence that caused your injury. In these cases, it takes an experienced personal injury lawyer to figure out all the players involved and who should be named in the claim.

About Responsible Parties
In civil personal injury cases, negligence (the failure to take reasonable actions in a given situation) must be proven in order to recover damages. However, negligence is not limited to one person's action or inaction. It can extend to small business owners, employers, manufacturers, corporations, partnerships, organizations and even government entities. Here are some ways that additional parties may be held responsible:

Employers can be held liable for the actions of their employees while on duty. For example, if a delivery person for a pizza restaurant hits a pedestrian while delivering a pizza, the employer can also be named in a claim. However, if the delivery person is off-duty (even in uniform), the employer cannot be held responsible.

Government entities can be held responsible for injuries occurring on public property. For example, if a child is hurt at a city playground that has not been properly maintained, the city can be sued. There are strict deadlines in these cases, though, so contact a lawyer immediately after an incident, even if you aren't sure you have a case.

Property owners are often held liable for injuries suffered on their property, including residential and commercial lots. This includes landowners, farmers and pool operators.