A slip and fall can happen anywhere: a grocery store with a wet floor, a neighbor’s icy front steps, a poorly lit staircase in an apartment building. And while the fall itself may only take a second, the injuries can be lasting, serious, and costly. What many people don’t realize is that in certain situations, the property owner may bear legal responsibility for what happened.
If you’ve been injured in a fall on someone else’s property in Haverford, here’s what you should understand about how these cases work.
Property Owner Liability
Property owners have what’s known as a duty of care toward people who are on their property. This means they’re expected to take reasonable steps to keep their premises safe and address hazards that could cause harm.
When a property owner fails to meet that duty and someone is injured as a result, the owner may be held legally responsible. In Pennsylvania, this legal concept is referred to as premises liability. But not every fall automatically results in a valid claim and there are specific elements that typically need to be established for a case to move forward.
Generally speaking, a viable slip and fall claim requires showing that a dangerous condition existed on the property, that the owner knew or should reasonably have known about it, that the owner failed to fix it or warn visitors, and that the condition directly caused your injuries.
What Factors Are Usually Considered
The specific circumstances surrounding your fall will carry a lot of weight. Some of the questions that commonly come up in these cases include:
- How long had the hazard been present? A spill that just occurred is treated differently than one that had been sitting unaddressed for hours.
- Was there any warning? If a wet floor sign was posted, that can affect the analysis. If there was no warning and no attempt to correct the problem, that tends to support a claim.
- Were you allowed to be on the property? Your legal status can affect the duty of care owed to you.
- Did anything you did contribute to the fall? Pennsylvania follows a comparative negligence rule, meaning that if you’re found to have been partially responsible, it can reduce what you may be eligible to recover.
The condition of the property and whether it was being properly maintained are also key considerations. Maintenance records or the absence of them can become relevant evidence in a premises liability case.
What You Should Do After a Slip and Fall
If you’ve been injured in a fall on someone else’s property, a few steps can help protect your ability to pursue a claim.
Report the incident to the property owner or manager and request a written copy of any incident report that’s filed. Take photos of the hazard that caused your fall and of your injuries as soon as possible. Seek medical attention promptly, both for your health and to create a documented record connecting your injuries to the fall.
Keep records of everything: medical bills, treatment notes, any communication with the property owner or their insurance company, and a personal log of how the injury has affected your daily life and activities.
It can be difficult to focus on recording evidence after a fall, and you may not be certain if you have a legal claim. If an injury has affected your health, your income, and your daily life, it’s important to document everything you can so that you can find relief.
Talk to a Slip and Fall Lawyer in Haverford
Property liability cases can be more nuanced than they first appear, and having someone in your corner who knows how to evaluate the circumstances can make a meaningful difference. Silver & Silver is experienced in helping injury victims throughout the Haverford area understand their rights after a slip and fall.
When you’re injured after a fall, you have a lot on your plate: insurance claims, potential loss of income, and the physical injury itself. You are not alone when you work with Silver & Silver. Our team can help you navigate through the legal process, so you can focus on healing.
Contact us today to discuss your options with a personal injury law firm. Silver & Silver is a reliable SSD and personal injury law firm with a proven track record in the Haverford area and beyond.
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 attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.