Philadelphia Slip and Fall Lawyer
If you’ve been injured due to someone’s negligence on their property you may be entitled to compensation. Under the law, property owners, including corporations have a duty to make their property safe, especially if they’ve invited you there for business or recreational purposes.
What is Premises Liability?
A “premises” is simply a piece of property. “Liability” means legal responsibility for an accident. Therefore, premises liability is the area of law that deals with injuries occurring on dangerous properties – often because negligent, inadequate maintenance allows serious property hazards to develop. The most common type of premises liability claims is for slip and fall injuries, which can arise after a person accidentally trips or slips on another person’s property. However, the field premises liability also includes other disasters like negligent supervision or security, building collapse, balcony collapse and dangerous or defective rides at amusement parks.
Our Firm handles a wide variety of slip and fall claims including:
Slip and Fall on Defective Stairs: Fall injuries can result in or because of stairwells if they are slippery, poorly lit, lack handrails, or feature defective railings.
Slip and Fall at Work: Whether you work at an office building, a warehouse, a grocery store, or a construction site, common hazards such as broken flooring, unsecured cables, wobbly railings, defective equipment, and slippery floors can all lead to preventable falls in the workplace.
Slip and Fall on Icy Sidewalk: A property owner has a duty to clear ice and snow from his/her property in a reasonable period of time. A owner may be liable if they fail to do so and someone falls due to their negligence.
Trip and Fall on Broken Sidewalk: Falls often occur due to defective conditions of the street or sidewalk. Examples include unsalted ice, broken or crumbling pavement, potholes in the sidewalk or street, raised or uneven pavement, and slush or snow that has not been removed in a timely manner.
Slip and Fall on Wet Floor: Leaks and spills, such as leaks from broken containers in grocery stores, must be cleaned up or cordoned off promptly. Likewise, freshly mopped or waxed floors should be indicated by warning signs.
Trip and Fall on Pothole in the Street: Streets and crosswalks can feature dangerous defects, such as potholes, uneven surfaces, and the remnants of removed signs, which protrude slightly from the pavement and create almost invisible trip hazards.
Who is Responsible for My Slip and Fall Injury?
Property owners have a obligation to ensure safety and keep their property in good repair. If you’ve been injured in a slip and fall, recognize that each of these hazards occurs on someone’s property – a convenience store owned by an individual or business entity, an apartment building owned by a landlord, an office building owned by a corporation. Most private, commercial and public properties are insured for safety hazards. Usually, the property owner’s homeowners insurance or commercial liability insurance will cover losses for personal injury. Premises liability cases frequently occur at:
Bars and Restaurants
Parking Garages and Parking Lots
Streets and Sidewalks
How Do I Prove Liability in a Slip and Fall Case?
To be held legally responsible for injuries suffered as the result of a slip, trip and fall accident, in general one of the three following conditions must be satisfied:
the property owner or an employee caused the hazard to occur, e.g. spilling a slippery substance on the floor or leaving a trip hazard in the middle of a common area
the property owner or an employee knew about the dangerous hazard, but did nothing to address it
the property owner or an employee should have known about the dangerous hazard because a reasonable person in charge of the property would have discovered the hazard and repaired it
Perhaps unfortunately, this third situation is the most common. It also happens to be the trickiest, since it hinges on those three vexing words “should have known.” In many instances, these cases come down to basic common sense. In considering a case of “should have known,” juries and judges will determine whether the property owner took sufficient care in maintaining the premises by deciding whether or not the steps the owner took to keep the property safe were reasonable.
Defenses to Slip and Fall Cases
Property owners and their insurance companies will always argue that when someone falls on the premises it was because they were not looking where they were going. This defense is called comparative negligence and is not a total bar to recovery. In Pennsylvania, the Plaintiff can still recover even if found partially at fault at trial. In addition to claiming the victim was not paying attention, another common defense property owners often attempt to use is that the defective condition of the property was “open and obvious.” If true, the defendant may avoid liability under the theory that the victim should have seen and avoided the danger. However, despite the defendant’s claims to the contrary, the defective condition is frequently not open and obvious. People seldom notice dangers, such as wet floors or broken sidewalks, until it is too late to avoid being injured. A Philadelphia slip and fall lawyer can help you hold a negligent property owner accountable.
If you were injured due to a trip and fall accident, you may wonder if you have a legal right to be compensated for your harms and losses, and if so, what type of compensation are you entitled to for your Philadelphia slip and fall accident?
How Much is My Slip and Fall Case Worth?
A Philadelphia slip and fall lawyer understands the problems caused by a serious injury, including unexpected medical expenses and limitations on your work or daily activities. Although these cases are frequently trivialized, we know that the pain and suffering endured by victims is real. When you are represented by our slip and fall lawyers in Philadelphia, you can rest assured that we will work diligently and strategically to pursue the compensation to which you are entitled.
Personal injury slip and fall settlement amounts vary greatly from case to case. The amount of a slip and fall settlement will depend on the negligence of the defendant, as well as the degree of harms and losses you incurred as a result of your fall.
Injuries incurred in an accident can simultaneously reduce your quality of life, burden you with heavy medical expenses, and make it difficult or impossible for you to continue earning income at the level you were accustomed to before the incident occurred. However, if your injury occurred because of another party’s negligence, that party may be liable for your damages, including:
Loss of Enjoyment of Life
Loss of Earning Capacity
Lost Wages and Income
Pain and Suffering
A Philadelphia slip and fall lawyer will fight aggressively on your behalf in an effort to see that you are fully and fairly compensated for the harm caused. Our law firm knows what your case is worth and will protect you from unknowingly accepting a low settlement offer that fails to appropriately address your long-term care and expenses. If an acceptable settlement offer is not made, we will not hesitate to try your case in front of a jury.
Philadelphia Lawyer For Your Slip and Fall Case
If you believe that you have a personal injury case, Troy R. Crichton can help you. He is an experienced litigator who can help assist you through every part of your legal case. Contact us at 267-225-3317 today for your free case evaluation. All of our personal injury cases are handled on a contingency basis, so you won’t pay unless and until you receive a monetary award for your case.