How Do I File a Slip and Fall Lawsuit in Morgantown?

December 3, 2025 | By Colombo Law

Slip and fall accidents are fairly common, especially in the winter months. You may be able to seek compensation for your injuries if the fall was caused by a property owner’s negligence. This may involve filing a Morgantown slip and fall lawsuit and potentially going to trial.

At Colombo Law, we help injured clients hold negligent property owners and other defendants accountable. Our slip and fall attorneys in Morgantown handle all aspects of your claim, from settlement negotiations to preparing for trial and representing you in court as needed.

Call 304-599-4229 today for a FREE case review. We handle slip and fall claims in Morgantown and throughout West Virginia.

What Are the Steps of a Morgantown Slip and Fall Lawsuit?

Many people believe that filing suit is the very first thing you do after an injury. In reality, there are a number of steps involved before taking legal action.

Slip and fall injury claims are part of premises liability, the law that allows people who are injured on a property to bring claims against the owner or occupant. The process for making a premises liability claim consists of the following:

Immediately After You Slip and Fall

1. Check yourself for injuries.
2. Look for witnesses who saw you fall and get their contact information.
3. Take photos of slippery conditions, loose objects, and other dangerous conditions on the property.
4. Go to the emergency room or call 911 if you are seriously injured.
5. Report the incident to the property owner or manager.

What to Do Next

1. Contact a slip and fall injury lawyer to discuss your case.
2. Focus on recovering from your injuries.
3. DO NOT speak to the defendant or any insurance adjusters; leave the talking to your lawyer.
4. Keep a journal of day-to-day pain and other difficulties, as well as anything you remember about the incident.
5. Organize medical bills, letters from your employer, insurance statements, and other important documents.

Filing a Lawsuit for a Slip and Fall Accident

Injuries sustained as a result of slips and falls are usually covered under the property owner’s liability insurance. This would be homeowners insurance if you slip and fall on the premises of someone’s private residence, or general liability insurance for accidents on commercial properties.

The process of filing a Morgantown slip and fall lawsuit generally includes the following steps:

1. Collecting evidence of negligence or wrongdoing. Your lawyer will investigate and collect evidence on your behalf.
2. Bringing a claim within the statute of limitations. In West Virginia, lawsuits for personal injury must be filed within 2 years.
3. Submitting a demand letter. This is an informal document sent to the defendant and/or insurer to start settlement negotiations.
4. Drafting the complaint. This is the initial document that officially starts your lawsuit.
5. Filing the complaint with the court. If you were injured in a slip and fall accident in Morgantown, your claim would likely be filed with the Monongalia County Circuit Court.

It is generally in your best interest to hire a lawyer for a slip and fall claim. They can navigate the legal procedures in Mon County and prepare your case for trial as needed. A skilled attorney can also strive to negotiate a settlement on your behalf, potentially avoiding the need for a lawsuit or trial.

How Hard Is It to Win a Slip and Fall Lawsuit?

Compelling evidence is a necessity in slip and fall injury claims. Without it, the case would boil down to your word against that of the property owner. Neither the insurance company nor the court is just going to take your word for it, making a positive outcome highly unlikely.

Ideally, an attorney can negotiate a favorable settlement on your behalf. This is generally the preferred option for both sides, as it eliminates the risks inherent in going to trial. However, if no settlement is reached, suing for damages and proceeding to trial may be the only option to obtain compensation.

What Evidence Do I Need?

You can improve your likelihood of winning a Morgantown slip and fall lawsuit by gathering strong evidence. This may include:

• Photos of slipping and tripping hazards
• Surveillance camera footage
• Witness statements
• A copy of the incident report (if available)
• Medical records
• Inspection and maintenance logs for the property
• Previous complaints, incidents, or violations
• Expert witness testimony

It may be difficult to collect evidence on your own after slipping and falling. You may be in pain or, if you were seriously hurt, have trouble moving or thinking straight. Fortunately, a premises liability lawyer can investigate for you, identifying potential negligence and building a strong slip and fall accident claim on your behalf.

What Do I Need to Prove?

Property owners in West Virginia have a legal obligation to keep their premises in safe condition for lawful visitors. This is known as the duty of care. If the owner neglects this duty , they can be held liable if someone hurts themselves by slipping and falling on the property.

For a slip and fall lawsuit in Morgantown to succeed, you will need to prove the following:

• The defendant owed you a duty of care.
• There was a breach of the duty of care on the part of the def (e.g., failure to clean up spills, not replacing dim or broken lights, etc.).
• You were injured as a result of the defendant’s negligence.
• You sustained compensable damages such as medical bills, lost wages, pain and suffering, etc.

You may also need to counter arguments from the defense that you were at fault for the incident. West Virginia uses a modified comparative fault standard in personal injury claims (see West Virginia Code § 55-7-13A). Defendants can escape liability if they prove that the plaintiff’s share of fault is greater than their own.

Residential property owners, stores, and other defendants in slip and fall accident cases often try to blame injured people, claiming that they weren’t paying attention or watching where they were going. Lawyers skilled in premises liability claims can present evidence to the contrary, preserving your legal rights and pursuing the full compensation you deserve.

Injured in a Slip and Fall in Morgantown, WV?

We don’t recommend filing a Morgantown slip and fall lawsuit on your own. You risk missing out on crucial evidence and may underestimate the damages you are due. Furthermore, you are likely to find yourself outmatched by the insurance company.

Colombo Law can provide the legal counsel and support you deserve. We prepare every case as though it will go to trial. This ensures that our attorneys are ready if a lawsuit needs to be filed and we need to present your case in court.

The slip and fall injury lawyers at Colombo Law represent clients throughout West Virginia from multiple offices in Morgantown. For a FREE case review, call 304-599-4229 today.