Slip and fall accidents happen when you least expect them. Maybe you weren’t watching your step, or the conditions were more dangerous than they appeared. If you’re wondering whether you can still file a claim even if you share some blame, the answer is yes. Pennsylvania’s comparative negligence laws allow you to recover compensation as long as you’re not more than 50% at fault for the accident. Understanding how fault affects your case with the help of our slip and fall injury lawyers at Silver & Silver is key to protecting your rights and securing the compensation you deserve.

How Fault Affects Your Slip and Fall Case

In Pennsylvania, slip and fall cases fall under comparative negligence rules. This means that your compensation can be reduced based on the percentage of fault assigned to you. For example, if you’re found to be 20% responsible for your fall, your compensation will be reduced by 20%. But if you’re more than 50% at fault, you cannot recover damages.

When determining fault, several factors may be considered:

• Were you distracted? Walking while texting or failing to notice a warning sign could contribute to your fault.
• Was the hazard obvious? If the danger was visible, such as a large puddle or uneven sidewalk, you might bear some responsibility for not avoiding it.
• Did you have a lawful reason to be there? Trespassing or entering a restricted area could reduce your ability to recover compensation.

It’s important to understand that even if you share some blame, property owners have a duty to maintain safe conditions. Slip and fall injury lawyers can help you evaluate the circumstances and build a case that highlights the negligence of the property owner.

Steps to Strengthen Your Claim

If you’re partially at fault for your slip and fall accident, you can still take steps to improve your chances of a favorable outcome. Acting quickly and gathering evidence will help demonstrate the property owner’s negligence and protect your rights.

• Document the scene. Visual evidence is one of the most powerful tools in a slip and fall case. Take clear photos or videos of the hazard that caused your fall from multiple angles. Capture any surrounding conditions, such as poor lighting, cluttered walkways, or missing warning signs. Be sure to document the time and date of the accident, as this could be critical in establishing how long the hazard was present. If the property owner removes the hazard before your claim is filed, these images could be the key to proving their negligence.
• Get witness statements. Witnesses can provide a neutral perspective on what happened, which may help reduce any fault assigned to you. Ask anyone who saw the incident to provide their contact information and a brief statement of what they observed. Witness testimony can corroborate details like the condition of the property, your actions at the time, or the lack of warning signs. The more specific their accounts, the stronger your case will be.
• Seek medical attention. Even if your injuries seem minor, see a doctor as soon as possible after the fall. Medical records not only link your injuries to the accident but also provide a timeline that supports your claim. Delaying treatment could harm your case by giving the property owner or their insurer grounds to argue that your injuries weren’t caused by the fall or weren’t severe. Follow all recommended treatments, as this demonstrates that you’re taking your recovery seriously.
• Hire a lawyer. Navigating a slip and fall case, especially one where fault is disputed, can be complicated. Slip and fall lawyers near you have the experience to handle these challenges and can build a compelling argument that highlights the property owner’s responsibility. They can also negotiate with insurance companies, ensuring you’re not pressured into accepting a low settlement. Having legal representation often leads to stronger outcomes, as property owners and insurers take claims more seriously when lawyers are involved.

Call Our Norristown Slip and Fall Lawyers Today

If you’ve been injured in a slip and fall accident in Norristown, PA, don’t let partial fault stop you from seeking justice. At Silver & Silver, we understand how Pennsylvania’s laws impact your case and will fight for the compensation you deserve. Contact us today for a consultation with experienced slip and fall lawyers. Let us help you move forward with confidence.

Disclosure:

This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.