Negligence Law West Virginia
What if a flowering pot falls on you while you are jogging around your apartment building? Your injuries are bad and there is a possibility that you might endure financial loss as you are unable to fulfill your duties at work. Can you sue the resident of that apartment for carelessly placing a flowering pot? Is your case strong enough to claim for injury as per the Negligence Law West Virginia?
Negligence Law Definition
Every person is expected to exercise certain care and responsibilities failing which causes harm to another. As per the negligence law definition, the fundamental idea of negligence is that every person must account for the potential harm that they might unintentionally and unknowingly cause to other people or property due to failure to exercise reasonable care in their actions.
As per the negligence law's definition, there are four elements of negligence laws that a plaintiff or the victim must prove to be eligible to claim for injury. The four elements of Negligence Laws include
- A Legal Duty: When the defendant owes the plaintiff a legal duty to use reasonable care, negligence is established.
- The Breach of Duty: When the defendant’s failure to act or omission to act causes harm and is a deviation from reasonable care, he has breached his duty.
- A Proximate Cause: The negligent act that causes damage to the plaintiff.
- The Damage: The monetary compensation the defendant pays for the genuine damage suffered by the plaintiff
The Negligence Law definition is approved by all states in the U.S. but the Negligence Laws by state differ from one state to another.
Negligence Law West Virginia
As per the Negligence Laws by state, almost every state in the U.S. follow the comparative negligence laws. Negligence Law West Virginia follows the comparative negligence doctrine. According to the comparative negligence law West Virginia, if you, the plaintiff is fifty percent or less at fault in an accident, you can recover damages from the defendant. But the compensation will be reduced in proportion to your share of the fault.
As per the West Virginia Negligence Law, suppose you are 30% at fault in an auto accident. If the compensation amount is $1000, you are entitled to receive 70% of the claim, meaning, you will receive $700. Under the Negligence Law West Virginia, the proportion of fault is decided by the judge or the jury in court. The West Virginia negligence law is very strict and unlike other states that let a plaintiff claim with 99% faults, West Virginia does not allow the plaintiff to claim anything of their percentage of fault is over 51%. So as per West Virginia negligence law, if you the plaintiff is 51% at fault, the defendant need not pay for the injuries suffered. So, to say, West Virginia Negligence Law follows the modified comparative negligence doctrine.
The Negligence Laws by state differ from one state to another, but the punishment for negligence in West Virginia is no less compared to other states.
What Is the Punishment for Negligence in West Virginia?
In every state in the U.S., the punishment for negligence is determined by the negligence laws by state and the severity of the offense. The punishment for negligence in West Virginia is determined by the severity of the offense.
In West Virginia, negligent homicide is a Misdemeanor and if convicted, you will face up to a year in jail and a maximum of $1,000 in fines. The punishment for negligence in West Virginia is different for death caused by DUI and ranges from a Misdemeanor to Felony. The penalties include a jail term from six months to five years and a fine of $100 to $5,000 depending on the severity of the offense and the defendant’s fault. The jail term and the fine increase with the increase in the number of faults.