Every property owner in Philadelphia has a legal responsibility to ensure their property is safe for visitors. This is true whether it is a business, a home, or a public area. If you’ve been injured because of a dangerous condition on someone else’s property, you may be entitled to pursue a slip and fall claim for your injuries or other damages. The experienced Philadelphia slip and fall attorneys at Silver & Silver can help you recover compensation so you can get back on your feet again.
What Differentiates a “Slip and Fall” Accident Claim From a Simple Unavoidable Accident?
Unavoidable accidents happen daily. They are generally just unfortunate occurrences and, despite being sometimes serious, are rarely subject to a lawsuit. However, a “slip and fall” accident is a premises liability matter. It occurs when a dangerous condition on one party’s property causes injury to another party. If the property owner is proven negligent, they may be liable for the victim’s injuries and other damages through a personal injury lawsuit.
Unfortunately, proving negligence can be challenging, and many variables must be considered when pursuing a slip-and-fall claim.
Establishing Duty of Care
A property owner owes a duty of care to visitors to their property. If the owner fails to maintain, repair, or remedy a known hazard on their property or warn visitors of its existence, they have breached this duty and may be found liable for the injured party’s damages.
What kind of visitor was the injured party?
Further complicating the duty of care concept, a property owner owes different levels of care to visitors depending on the designation of the visitor.
- As the name suggests, the owner invites an invitee onto the property. This can be either a public or business visitor. Invitees are owed the highest level of duty of care, and the owner is responsible for maintaining the property reasonably free from hazards.
- A licensee has express or implied permission to be on the owner’s property. The owner still owes a licensee a duty of care, but not to the same degree as an invitee.
- A trespasser is on the property without the knowledge or consent of the owner and is not owed a specific duty of care. But while the owner is not responsible for keeping the property safe for trespassers, neither is the owner allowed to intentionally inflict harm on a trespasser.
- Children are exceptions when it concerns trespassing. A property owner may be held liable for injuries and other damages to a child if there were no safeguards protecting the child from an “attractive nuisance” on the owner’s property, such as a swimming pool or trampoline.
Was the danger foreseeable and the action reasonable?
Could the hazard have been predicted or prevented? Did the property owner know about it, or should they have known about it if they had appropriate inspections in place? Furthermore, would a reasonable person in the same situation have had enough time to identify the danger and take steps to remedy it?
How long had the hazard been present?
A hazardous condition that an owner knowingly fails to address over time differs greatly from an unexpected and spontaneous incident. In a slip and fall claim, it must be established that the hazard was present long enough that it was or should have been known about and corrected.
Was the hazard “open and obvious?”
If the danger was obvious and a reasonable person would have recognized that, a property owner may not be held liable for the injured party’s damages. This is a common defense in slip-and-fall claims.
Was the hazard in violation of the law?
If the hazard violated a law, the owner may be liable under the concept of negligence per se, meaning the injured party would not have to prove negligence to be awarded compensation.
The Injured Party Has The Burden of Proof in a Slip And Fall Case in Philadelphia
If you have been injured in a slip-and-fall accident, your word that the owner was negligent and liable for your injuries will not be enough. You must be able to prove it in order to secure compensation. This is what makes a slip-and-fall case so difficult to pursue.
Furthermore, Pennsylvania follows comparative negligence rules. If you are found partially at fault for the accident, your compensation may be reduced by that percentage. You may be denied any compensation if you were more than 50 percent at fault.
How Can an Experienced Philadelphia Slip-and-Fall Attorney help when you have been injured in a Slip-and-Fall Accident?
Proving a slip-and-fall case can be extremely complicated, and seeking out experienced legal guidance will be critical. A skilled Philadelphia slip-and-fall attorney will do this by:
- Thoroughly investigating the accident and interviewing witnesses to understand how it happened
- Collecting evidence that supports your case, such as photographs and surveillance footage
- Demonstrating the hazard was present and dangerous
- Proving the defendant was aware or should have been aware of the hazard
- Directly linking the hazard to your injury and damages
- Gathering and preserving your medical records and expenses
- Communicating with the insurance company or defendant’s attorney on your behalf
- Calculating and detailing the costs associated with your injury, including your medical expenses, any lost income, and other related costs
Get the Help of Our Experienced Philadelphia Slip and Fall Attorneys at Silver & Silver
If you have been injured in a slip and fall incident, the highly experienced Philadelphia slip and fall attorneys at Silver & Silver will work diligently to prove your case, recover the compensation you deserve, and get you back on your feet. Schedule a no-cost consultation at (610) 638-7255 or through our website contact form. Don’t try to navigate a slip-and-fall claim on your own.
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.