Lee Javins

Bailey, Javins & Carter, L.C.
213 Hale Street
Charleston, WV 25301
(304) 345-0346
www.baileyjavinscarter.com


Lee Javins has spent the last 25+ years primarily representing injured workers and their survivors. Most cases involve some combination of workplace liability and product liability involving heavy equipment accidents, logging, electrical injuries and coal mining. Lee also represents individuals who have been badly injured or killed as a result of automotive defects.  Occasionally, Mr. Javins is retained to represent the State in issues ranging from WVU’s departure from the Big East Conference to enforcement actions on behalf of the State of West Virginia.

Lee is AV-Preeminent rated from Martindale Hubbell, an award given only to those who are peer-rated for the highest level of professional excellence. Here’s what some of Lee’s colleagues have said about his work:

Lee is an outstanding lawyer who sees all sides of an issue. He always has the best interest of his clients in mind and thinks of ethical creative ways of achieving results.

Lee Javins was an amazing lawyer to work with. His ability to learn the critical, technical elements of our case with attention to detail is unsurpassed. I would recommend that anyone hire Lee as their lawyer.

Excellent lawyer and great person. I would feel comfortable sending a close relative to him, which is the highest compliment I can give.

Lee practices law in a manner that all should aspire. Dignified and passionate are two terms that come to mind. I have litigated over 100 cases against Lee and his firm the past 23 years and each time the manner in which Lee has conducted himself is in a manner that the legal profession should take note of and exemplify. Not only is he thorough and diligent but he is also professional and kind. Those qualities make him the success that he is and truly enjoy working cases with him.

Mr. Javins is an exceptional litigator who provides his clients a high level of service. His analytical capabilities are very keen. Outside of the office, Mr. Javins is actively involved in his community.

Lee in an excellent lawyer. I had an opportunity to try a products case against a car manufacturer with Lee and got to see it first-hand. He works hard for his clients to make sure they get the best results. Plus, he is a first rate gentlemen.

Lee is one of the best plaintiff’s lawyers in product liability cases. He knows the law and gets very good results.

Lee is a talented lawyer that aggressively and ethically advocates for his clients. He communicates well with clients, opposing counsel, and the court. Outside of the courtroom, Lee is a fantastic person and a friend to many.

I represented a client adverse to Lee’s clients in several related matters pending in federal court. The primary case was in the Southern District of West Virginia. It was a hard fought, complicated case that lasted several years and involved extensive discovery and numerous court hearings. Throughout the process, Lee impressed me as a lawyer of great character, judgment, and integrity. He represented his clients extremely well.

Lee is an excellent attorney with an excellent reputation and unparalleled skills in the courtroom. He always exceeds his clients’ expectations and is a true credit to our profession. His legal abilities are matched only by his compassion for his clients, and his straightforward, professional advocacy and courtesy to opposing counsel and the courts. Lee Javins is an excellent trial lawyer and gentleman; he is a devoted family man and is engaged in many philanthropic endeavors.

Over his career, Lee has established a successful track record of securing highly favorable results. He has been involved in countless cases and recovered millions of dollars of damages on behalf of his clients. Here are some examples:

Workplace Safety

Recovery on behalf of a timber cutter who suffered a traumatic amputation of his leg due to unsafe logging practices
Recovery on behalf of a widow whose husband was killed in a roof collapse in an underground mine
Recovery on behalf of a widow whose husband was killed when an unsecured log fell from a log truck during the unloading process
Recovery on behalf of a widow whose husband was electrocuted while working on an unsafe power center in an underground coal mine
Recovery on behalf of a coal miner who was crushed by mine cable which had been caught in the cutter head of a continuous miner
Verdict for a teenager whose hand was crushed by a hydraulic log splitter
Recovery on behalf of a coal miner who sustained severe head trauma following a collision with a locomotive in an underground mine
Recovery on behalf of the family of a project engineer who was fatally injured when an end loader with a disabled warning buzzer backed over him
Recovery on behalf of a coal miner who was severely injured following the collapse of a large stacker belt
Recovery on behalf of a coal miner whose head was pinned against the mine roof following an unexpected activation of a continuous miner
Recovery on behalf of a timber cutter who suffered degloving injuries to both legs after a runaway log rolled over him
Recovery on behalf of a coal miner who suffered a crushed foot due to a poorly maintained longwall shield
Recovery on behalf of a coal miner who was paralyzed following the fall of an improperly supported mine rib
Recovery on behalf of a timber cutter who was paralyzed by a falling tree limb as a result of unsafe cutting practices
Recovery on behalf of a coal miner who sustained severe electrical injuries caused by poorly insulated mining cable
Recovery on behalf of a coal miner who was paralyzed as a result of an unsupported mine rib
Recovery on behalf of an electrical worker who fell from a raised work position following an electrical shock from an improperly grounded electrical component
Verdict for a rock truck driver who fell from his truck due to an unsafe access ladder
Recovery on behalf of a widow whose husband was fatally injured while operating an excavator beyond its capability as required by his employer
Recovery on behalf of a cable worker who was impaled by a corrugated metal fence post following an electrical shock while on a utility pole
Recovery on behalf of a construction worker whose leg injuries required over 20 surgeries as a result of a fall from an improperly guarded construction site
Recovery on behalf of a coal miner who sustained degloving injuries to his arm as a result of a poorly maintained shuttle car
Recovery on behalf of a widower whose wife sustained fatal injuries whose automobile rolled over a steep parking lot embankment as a result of inadequate guard rails
Recovery on behalf of a part-time construction helper who sustained severe head trauma following a 20-foot fall through an unguarded hole in the construction site roof
Recovery on behalf of three injured employees who sustained injuries including paralysis as a result of a building collapse
Recovery on behalf of an HVAC worker who fell from an extension ladder, shattering both feet, while servicing rooftop equipment due to no permanent fixed access being offered
Recovery on behalf of a mine worker who sustained permanent hand injuries due to improper training and securement on a vulcanizing unit
Product Liability
Recovery on behalf of a woman who suffered paralysis to her arm following an ATV accident caused by a defective gear shifter
Recovery on behalf of a coal miner who suffered severe neck injuries due to the defective design of a coal hauler operator compartment
Recovery on behalf of a hunter who suffered paralysis to his leg following the collapse of a climbing tree stand
Recovery on behalf of a widow whose husband was fatally injured when his lawn tractor lost control due to a defective transmission
Recovery on behalf of a widow whose husband was fatally injured while changing a tire on a defective multi-piece truck rim
Recovery on behalf of a passenger of a vehicle which overturned, causing the roof to collapse. During the rollover, the passenger’s occupant protection system failed to adequately secure the plaintiff’s body causing severe and debilitating spinal cord injuries rendering him a partial quadriplegic
Verdict on behalf of a driver who crashed into a brick wall due to an unintended acceleration of his vehicle
Recovery on behalf of a family whose mother was fatally injured in a crash due to an ignition failure which disabled her brakes and airbag
Recovery on behalf of a family whose mother could not get injury assistance for an entire day due to her home alert system failing
Recovery on behalf of a motorcycle rider who was struck by an automobile that, unlike other models made by the manufacturer, failed to utilize lane departure/collision avoidance technology
Recovery on behalf of a small toddler who was injured after gaining access to a knife in kitchen drawer equipped with an ineffective child safety latch
Recovery on behalf of a widower whose wife was killed when a roadside tree fell onto her automobile
Recovery on behalf of a young man who was paralyzed in an ATV collision as a result of inadequate training
Represented West Virginia University in its litigation concerning its departure from the Big East Conference
Recovery on behalf of a mother and daughter who sustained debilitating neck and back injuries when a roadside tree fell onto their vehicle

Areas of Practice

Workplace Injury
Product Liability
Personal Injury
Consumer Litigation

Bar Admissions, Professional Associations and Memberships

West Virginia, 1994
United States District Court for the Southern District of West Virginia
United States District Court for the Northern District of West Virginia
United States Court of Appeals for the Fourth Circuit
West Virginia Association for Justice, Board of Governors
Attorneys Information Exchange Group, Board of Governors
American Association for Justice
American Bar Association
Trial Lawyers for Public Justice
Education

West Virginia University College of Law, Morgantown, West Virginia  J.D.
West Virginia University, Morgantown, West Virginia B.S.

Presentations, Classes & Seminars

The Cold Calculations of Coal Mining (Contributor)  Forbes.com (April, 2010)
360 Advocacy, Las Vegas, NV  Check the Tech: Failures Can Result in Large Verdicts (June 2016)
West Virginia Association for Justice (WVAJ) Mid-Winter Seminar Presentation, Charleston, WV  Products Liability in the 21st Century: Understanding Technology, Defeating Daubert Challenges and Proving your Case (February 2017)
360 Advocacy, Jackson Hole, WY  From Car Crashes to Car Defect Cases (March 2018)
West Virginia Association for Justice (WVAJ)  State & Federal Mass Torts:  The Opioid Crisis (June 2019)
360 Advocacy, Las Vegas, NV  Striking Gold in Oil & Gas (March 2019)
Adjunct Professor, Eastern Kentucky University
Moot Court Sponsor/Coach, West Virginia University College of Law
Presenter, 360 Advocacy

Representative Cases

State of West Virginia ex rel. Ford Motor Company v. Honorable Warren R. McGraw, Judge of the Circuit Court of Wyoming County; and Danny S. Wellman, Administrator of the estate of Jarred S. Wellman
State of West Virginia, ex rel. Discover Financial Services, Inc., v. Hon. David Nibert, No. 13-0086, WL 2460623 (W. Va. S. Ct. Appeal 2013)
France v. Southern Equipment, 689 S.E.2d 1 (W. Va. 2009)
Barr v. NCB Management Services, Inc., et al., 711 S.E.2d 577 (W.Va. 2011)
State of West Virginia, ex rel County Comm. Of Boone County v. Cooke, 475 S.E.2d 483 (W.Va. 1996)
State of West Virginia ex rel. v. JPMorgan Chase & Co. et al., Case No. 3:11-cv-00717 [DOC 27] (S.D. W. Va.)
S. v. United Bank, Inc., Case No. 2:08-921 [DOC 15] (S. D. W. Va.)
Logar, et al., v. West Virginia University Board of Governors, et al., Case No. 1:13-cv-145 [DOC 39] (N.D. W. Va.)
Johnson, et al v. Ford Motor Co., Civil Action No. 3:13-cv-06529 (S.D.W.Va.) (Doc 1120)
State of West Virginia, ex rel. v. McKesson Corporation, Civil Action No. 16-1772 (S.D.W.Va.) (Doc30)

Honors and Awards

Supreme Court Pattern Jury Instruction Committee
Moot Court Board, West Virginia University College of Law
Clinical Law Program