A Charleston woman is suing Capitol Market after a slip and fall accident on a walkway in the market.
Lucy Lewis says she was shopping at Capitol Market when she tripped on electrical wires that had been laid across the sidewalk. The fall caused a "permanent and debilitating" fracture to her arm. She is seeking damages to cover pain and suffering, loss of enjoyment of life and medical expenses. Capitol Market is a shopping destination that features both indoor and outdoor shops in a farmer's market setting.
Slip-and-fall accidents are the most common type of personal injury case. Despite the name, the injury could be any kind of injury, but it's usually an injury on someone else's property due to negligence. In this case, the plaintiff must prove negligence on the part of the defendant to win the case. This can be proven by showing that the defendant knew a dangerous condition existed on the property and did nothing to amend it. The condition must have existed long enough for the property owner to recognize it and do something about it.
The plaintiff may also have to show that they did not contribute to their injury through their own negligence, texting as they were walking through the area, for example, that they had reason to be in the area, and that adequate warning signs were not posted to alert them to the danger, such as a "wet floor" sign or brightly colored tape over extension cords on the floor.
At Bouchillon, Crossan & Colburn, L.C., our attorneys have more than 35 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. If you or a loved one has been injured and is seeking a qualified personal injury attorney, contact our Huntington, West Virginia office to speak with an attorney about your case, or call 304-523-8451.