Slip and Fall Lawsuits in Pennsylvania
Slip and fall injury claims are some of the most common lawsuits in the civil court system. Slips and falls can happen anywhere. Your local supermarket, a friend’s house, a shopping mall, the workplace – at any moment, you could suffer a personal injury from a slip, trip, or fall. After this type of accident, it’s reasonable to explore your legal options with a knowledgeable Philadelphia slip and fall lawyer. You may have grounds to file a claim and recover for your injuries in Pennsylvania.
TYPES OF SLIP AND FALL ACCIDENTS
Slips and falls can lead to a variety of serious personal injuries, from broken bones to concussions. If your head strikes the ground or another object hard enough, it can cause a severe brain injury. Other types of falls can lead to hip and back injuries and temporary or permanent disability. A fall from a great height or into a piece of heavy machinery can even result in death. The following are common slip and fall accidents.
- Elevator/escalator accidents
- Faulty staircases
- Uneven curbs
- Ice/snow accidents
- Slippery floors
- Loose carpeting
- Obstacles in the way
- Cluttered floors
- Damaged flooring
- Falls from ladders or scaffolds
- Ditches or potholes
- Poor lighting
According to the Occupational Safety and Health Administration, falls are the most common cause of death in the construction industry. Many slips and falls are preventable and stem from someone else’s negligence. Preventing falls in the workplace could save hundreds of lives every year.
If you sustained your slip and fall injury at work, consider a civil claim instead of a workers’ compensation claim. The former could result in more significant compensation than the latter. A Philadelphia work injury attorney can help you make this decision. Contact an attorney if your slip and fall happened in the workplace, while shopping, or elsewhere.
GROUNDS FOR SLIP AND FALL LAWSUITS IN PENNSYLVANIA
Slip-and-fall lawsuits typically fall under premises liability laws. These laws allow accident victims to file claims against property owners and other parties for failing to maintain reasonably safe environments.
Property owners owe a duty of care to property visitors based on the visitors’ status. An invitee, or someone expressly invited to the property, demands the highest standard of care. Property owners must eradicate known hazards and search for unknown ones. They must also post warning signs regarding hazards the invitee may not notice, such as slippery floors or a faulty sidewalk in the parking lot.
Property owners owe licensees, or people who visit a property for their purposes, lesser standards of care. Trespassers do not demand any standards of care other than safety from intentional harm unless the trespassers are minors.
Understanding what duties a property owner owed you during your slip and fall can help you decide whether you have grounds for a personal injury claim. A slip-and-fall claim may also center on the legal theory of negligence. For example, if an employee negligently failed to clean a spill after another patron warned him or her about it.
Prepare for the property owner or other defendant to try to place some of the blame on you. This is a common defense in slip-and-fall lawsuits. The defendant may allege that if the plaintiff had been paying more attention, he/she could have avoided the hazard and prevented injury.
In Pennsylvania, taking some legal blame can lead to lower compensation or no compensation. You will not receive compensation if the courts find you more than 50% at fault for your fall. Our state’s comparative negligence laws make it important to retain an excellent personal injury lawyer in Philadelphia for a slip and fall claim.
TYPES OF INJURIES COMMON IN SLIP AND FALL CASES
Slip and fall accidents can result in a wide range of injuries, from minor bruises to severe, life-altering conditions. Falls often lead to broken bones, such as fractures in the wrist, hip, or ankle, which can require extensive physical therapy and time away from work.
Head injuries, including concussions or traumatic brain injuries (TBIs), are common in severe slip and fall incidents, particularly if the person strikes their head on a hard surface. These physical injuries may also lead to emotional distress as victims adjust to life changes caused by the fall.
If you suffered injuries in a slip and fall accident, collecting medical records is critical. Medical records indicate the injuries sustained and can help strengthen your personal injury claim. When calculating fair compensation, it is essential to consider medical expenses, future medical costs, and lost wages due to time off work.
PROVING NEGLIGENCE IN SLIP AND FALL CLAIMS
Slip and fall claims often hinge on the concept of negligence. To succeed in a slip and fall lawsuit, the injured party must show that the property owner failed to exercise reasonable care in maintaining safe premises.
Pennsylvania premises liability law requires property owners to address hazardous conditions like slippery floors, loose carpeting, or damaged walkways. By ignoring dangerous conditions, property owners risk harming visitors.
For instance, if a property owner fails to place warning signs after a spill or neglects to repair faulty stairs, they may be held liable for injuries sustained due to these dangerous conditions.
Negligence can be challenging to prove, primarily if the defendant argues that the injured person should have seen and avoided the hazard. An experienced personal injury attorney who understands Pennsylvania law can make all the difference in proving fault and securing compensation.
COMPARATIVE NEGLIGENCE AND ITS IMPACT ON SLIP AND FALL SETTLEMENTS
Pennsylvania follows comparative negligence laws, which means that if the injured person is partly at fault for the accident, their compensation may be reduced.
If a plaintiff is found to be more than 50% responsible for the accident, they may be barred from recovering any compensation. For instance, if a fall happened because the injured person was distracted or failed to observe warning signs, the property owner might argue comparative negligence as a defense.
Working with a slip and fall lawyer can help establish the property owner’s liability and minimize the impact of comparative negligence on your fall settlement amount.
SEEKING FAIR SETTLEMENTS FOR SLIP AND FALL ACCIDENTS
After a slip and fall accident, fall victims often face substantial medical bills, lost wages, and expensive ongoing medical costs. A fair settlement should account for all damages, including pain and suffering, emotional distress, and future medical expenses.
Insurance companies may attempt to offer quick settlements that fall short of covering all costs, particularly if the injuries require long-term care or result in disability. Consulting a skilled fall attorney ensures you seek the compensation you deserve based on the severity of your injuries and the property owner’s negligence.
WORKING WITH A SLIP-AND-FALL LAWYER TO RECOVER COMPENSATION
Navigating a slip-and-fall claim alone can be difficult, especially when dealing with liability insurance and legal complexities. Slip and fall attorneys assist by gathering evidence, consulting with medical professionals, and negotiating with insurance companies to achieve a fair settlement.
If you or a loved one suffered injuries due to a slip and fall accident, reaching out to a personal injury attorney can provide peace of mind and improve your chances of recovering compensation for medical bills, lost wages, and other expenses related to the fall.
Connect with a Philadelphia Slip and Fall Attorney
Leonard Hill – Philadelphia Slip and Fall Lawyer
Property owners who fail to maintain safe conditions may be liable for injuries caused by slip-and-fall accidents on their premises. However, establishing fault in these cases can be complex. A skilled Philadelphia slip-and-fall attorney can guide you through each step of your claim.
With dedicated support, an attorney can help you gather critical evidence related to your fall, assess the compensation you may deserve, and represent you in settlement negotiations or court if needed.
To learn more about how an attorney can support your case, reach out today for a free consultation by calling 267-214-7604