Philadelphia Slip and Fall Injury Lawyer
Slip and falls are one of the more common injuries that could occur on another person’s land. Collectively known as premises liability claims, injuries that occur because of defects on others’ property are notoriously complex. This is because you need to not only prove that you suffered an injury, but also that the landowner failed to take reasonable steps to keep you safe.
A Philadelphia slip and fall lawyer may be able to help you collect compensation for your injuries. A compassionate injury attorney could work with you to help gather evidence and fight for fair compensation in settlement talks.
Common Ways a Slip and Fall Could Occur
There are two main types of incidents that may cause slip and fall injuries. The first is the result of temporary hazards. For example, a store owner may fail to properly cordon off and clean a spill in their aisle. When an unsuspecting shopper steps on that spill, their balance may give way forcing them to fall. This could result in damage to a person’s ankles, knees, hips, back, or neck.
The other source of trip and fall injuries are hazards that are inherent to the property. These result from defects in the land itself that renders the land unsafe for visitors. Prime examples may include:
- Potholes in parking lots
- Broken stairs
- Faulty handrails
- Loose carpeting
- Uneven sidewalks
An injured person may only collect compensation if they can prove that a landowner was negligent in their care for the property. Luckily, a Philadelphia slip and fall lawyer could help people to demonstrate this complex legal concept.
Assigning Fault in Trip and Fall Claims
Trip and fall injuries are almost always the result of accidents. However, this does not mean that a landowner is not responsible. Landowners maintain a duty to protect many visitors who enter their land. This includes a duty to keep that land reasonably safe for invited guests and to remedy any dangerous situations before they cause any harm.
As a result, a slip and fall claim requires a multi-part analysis. First, a plaintiff should be able to establish that they had permission to be on the land. Only guests with an express or implied invitation can claim property owner negligence. Trespassers typically cannot make a claim for damages after an accident. A case should then examine the actions taken by the landowner to prevent the injury. As a rule, landowners have a duty to inspect their land for any hazards. It follows that a landowner may be negligent if they knew about a hazard and did nothing to fix it, or if they should have known about a hazard that caused an injury.
Modified Comparative Negligence in Philadelphia
A jury may examine the actions of a plaintiff to determine if they share any blame for their injuries. The Commonwealth uses a concept of law known as modified comparative negligence. According to PA Gen. Stat. §7102, a jury in a trip and fall case can limit a plaintiff’s award based on their percentage of blame for the accident. If the jury believes that a plaintiff is more than 50 percent to blame, they would completely dismiss the claim. A plaintiff may also share blame if they were distracted by their phone while walking, chose to ignore warning signs, or wore inappropriate footwear that contributed to a loss of balance. A Philadelphia slip and fall lawyer could help injured individuals to demonstrate defendant negligence.
Get in Touch with a Philadelphia Slip and Fall Attorney
A negligent landowner who allows slip and fall injuries to happen on their property should be held liable for their negligence. However, proving that a defendant is at fault in trip and fall cases may be complicated. Fortunately, a Philadelphia slip and fall lawyer is here to assist you. A hardworking attorney could help you gather any evidence pertaining to your injuries, calculate how much you should be awarded, and act as a representative on your behalf in regard to settlement talks or court proceedings. To find out more about the benefits of working with an attorney, schedule a consultation today.