How Courts Decide If Negligence Caused an Injury
Courts decide negligence by applying a four-part legal test: duty, breach, causation, and damages. All four elements must be proven for a negligence claim to succeed. If even one element is missing, the case does not hold up. West Virginia sits in the Appalachian region of the eastern United States, bordered by Virginia, Kentucky, Ohio, Pennsylvania, and Maryland. The state follows a modified comparative fault system under West Virginia…