Today, falls are one of the leading causes of injury in the United States. While some falls are unavoidable accidents, a “slip and fall” that leads to a personal injury claim is not simple or unavoidable. It is a matter of negligence.
“Slip and fall” is a common term for a type of premises liability. When someone is injured because of a dangerous condition on someone else’s property, the injured party may be entitled to hold the negligent property owner liable for their injuries and other damages.
At Silver & Silver, our Wayne, PA slip and fall attorneys believe that negligent property owners should be held accountable for the harm they cause and we have dedicated our practice to injured victims and their families. If you have suffered an injury on someone else’s property, let us help.
What is Considered a “Slip and Fall” Accident?
Property owners are responsible for keeping their premises safe and well-maintained for others who use it. When unsafe conditions exist and accidents and injuries occur, the property owner can be held financially accountable.
Common causes of slip and fall accidents include:
- Slippery flooring – A property owner must ensure that all flooring is safe for those who visit the property. Even when flooring needs to be cleaned or maintained during hours when visitors are present, the property owner is required to warn visitors of a potential hazard.
- Unsecured mats, carpets, or loose flooring – Unsecured or loose flooring can represent a hazard to those walking in the area.
- Inadequate lighting – Sufficient lighting is essential when others are using a property. Without adequate lighting, a visitor can fall and sustain a serious injury.
- Clutter and debris – A cluttered area or one left with scattered debris can present a safety hazard for anyone walking in that area.
- Inconsistent floor and surface transitions – An unmarked change in flooring surfaces or elevations can increase the likelihood of a fall.
- Lack of barriers and warning signs – When safety issues cannot be remedied immediately, a property owner is required to place adequate barriers and warning signs around it to warn those who might pass by.
- Improper maintenance of sidewalks, public walkways, and parking lots – Improper maintenance or removal of snow and ice on private and public parking lots and walkways can be hazardous to individuals who navigate them. However, pursuing a claim against a government or municipal entity can present its own challenges.
If you have been injured by a dangerous condition or improper maintenance on another’s property, you may be entitled to compensation for your injuries. But slip and fall accidents require significant evidence of negligence. Consequently, it is important to be proactive after your accident.
- Take photos of the area and your injuries.
- Get the names and contact information of any witnesses.
- See a medical professional as soon as possible and follow all care guidelines.
- Call our Wayne slip and fall lawyers at Silver & Silver as soon as possible to understand your options.
Slip and fall claims can be complicated. Don’t try to navigate it on your own.
Slip and Fall Accidents Can Lead to Serious Injuries
The National Floor Safety Institute reports that falls are the leading cause of emergency room visits each year. Common injuries caused by falls can include:
- Head injuries and traumatic brain injuries
- Cuts and abrasions
- Spinal cord injuries
- Neck and back injuries
- Fractures and broken bones
- Soft tissue injuries
- Spinal cord injuries
While some injuries will get better with time, medical attention, and rehabilitation, some can affect injury victims for the rest of their lives. And the cost of these can also become lifelong burdens for a victim. At Silver & Silver, we not only seek compensation for current damages, but we also seek compensation for future medical costs as they may arise from a serious injury.
Negligence and Duty of Care
In all matters of negligence, one party owes another a “duty of care” to act safely and responsibly to avoid harming the other.
In the case of slip and fall claims in Pennsylvania, there are three classifications of visitors to a property that are each owed a different level of duty of care.
- Invitees – Invitees are those who visit a commercial property or business, such as shoppers at a supermarket, hotel guests, retail stores, or restaurant patrons. An invitee is owed the highest duty of care by the property owner.
- Licensees – Licensees are individuals who visit a property with the owner’s express or implied permission, such as family members, friends, or social guests. They are owed an intermediate duty of care by the property owner.
- Trespassers – Trespassers are individuals who enter a property without permission or are on the property unlawfully. They can still be owed a very limited duty of care.
Because of these different levels of duty of care, a successful slip and fall claim will require evidence that the property owner breached the particular duty of care owed to you and proof that the breach resulted in your injuries. While this sounds straightforward, these claims are typically anything but.
Proving Fault in a Slip and Fall Case in Wayne
In any slip and fall claim, it is the victim’s “burden of proof” that the property owner was negligent, and many nuances can apply.
Questions that must be considered will be:
- Did the property owner make regular efforts to keep the premises safe?
- Did the property owner know (or should have known) about the hazardous condition?
- How long did the dangerous condition exist?
- Did the property owner have time to address the condition or warn others of it?
- If they did try to address it, were those attempts appropriate and reasonable?
- Did the victim contribute to the accident or injuries?
Because negligence can be so challenging to prove, seeking out a highly experienced attorney for slip and fall claims in Wayne, PA is critical. For over 40 years, the team at Silver & Silver has been diligently protecting the rights of injury victims in Wayne throughout the state of Pennsylvania. Let us protect you.
Get the Help of Our Experienced Wayne Slip and Fall Attorneys
If you have been injured in a slip and fall incident, our skilled lawyers for slip and fall accidents in Wayne are here for you. At Silver & Silver, we will work tirelessly to get you the maximum compensation you deserve so you can heal and get on with your life. Call us at (610) 658-1900 or contact us through our website contact form to schedule a no-cost consultation.
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