While the term “slip and fall accident” may conjure up visions of an embarrassing incident, it’s a serious case of negligence in legal terms. A slip and fall, or premises liability claim, is when someone is injured because of a dangerous condition on someone else’s property. If this has happened to you, you may be entitled to compensation for your damages from the negligent property owner. Here are some tips from our Philadelphia slip and fall attorneys to help you understand how these cases work and what makes a successful claim.

How Does a Slip and Fall Injury Case Differ from an Unavoidable Accident?

Accidents happen every day, but not all falls justify a slip and fall legal claim. So, what is the difference between a simple unfortunate accident and a legal “slip and fall” case?

Premises liability laws protect innocent people from being hurt by a property owner’s negligence. Whether it’s your neighborhood shopping center, the hotel where you spent your vacation, or even the parking lot of your apartment building, the property owner has a legal responsibility to ensure you stay relatively safe when you are there. If not, you may have the right to seek compensation for your injuries and other damages. 

The catch? You will need to prove that the property owner was negligent, which isn’t always easy. 

What Are Common Dangers in a Slip and Fall Claim?

What can create hazardous circumstances in and around a building? Potentially dangerous conditions can include:

• Slippery flooring
• Unsecured carpets, mats, and loose flooring
• Unexpected floor transitions
• Improperly maintained walkways, sidewalks, and parking lots
• Inadequate lighting
• Broken stairways and handrails
• Lack of appropriate security
• Debris and clutter in walkways
• Lack of warning signs and barriers
• Exposed or unsecured wires and cables
• A buildup of snow and ice on sidewalks and parking lots

But when it comes to pursuing a slip and fall accident claim, it’s the injured victim’s burden to prove that the property owner was negligent in their responsibilities to keep their premises safe. And this can have many nuances. 

A slip and fall claim will need to consider:

• Whether the owner made regular efforts to keep the property safe
• If the owner had a trained maintenance staff that could or should have rectified the condition
• How long the condition had been there
• Whether the property owner knew – or should have known – about the dangerous condition  
• Whether the owner had ample time to remedy it
• Whether the repairs were appropriate and reasonable if the owner attempted to fix the dangerous condition
• Whether you contributed to the accident in any way

What Type of “Visitor” Were You?

To complicate this further, a property owner’s level of liability in a slip and fall accident will also depend on whether you had a right to be on their property and what type of “visitor” you were.

• Were you a trespasser? If you had no right to be on the property at the time of the accident, you would be considered a trespasser and the property owner would normally have no legal responsibility other than to avoid creating a hidden hazard on the land, such as a trip wire or animal trap.  There is a narrow exception for children when the property contains an “attractive nuisance” something on the property that may look inviting to children, but can cause significant harm, such as a swimming pool or trampoline in a back yard with no fence. 
• Were you a licensee? If you were on the property with the owner’s permission, you would be considered a licensee. In this case, the property owner must warn you about any possible dangerous conditions on the property that wouldn’t be obvious, but that could be the end of their legal responsibility. Friends, social guests, and family members are considered licensees. 
• Were you an invitee? If you were there for a public or business-related reason, you are considered an invitee. The property owner would owe you the highest degree of care and could be held liable for any injuries you sustained as a result of their negligence.

How is Negligence Proven in a Slip and Fall Case?

Unfortunately, negligence can be challenging to prove, particularly in a slip and fall case.

It can be difficult to prove that a property owner knew about a dangerous condition and did nothing to prevent an accident from happening. As the injured party, you must establish how long the condition had existed, whether the property owner knew or should have known it existed, whether they understood the potential danger, and what was done – or not done – to fix the problem. 

If you’ve been injured in a slip and fall accident, you’ll need to understand if you have a potential claim and what your legal rights are. An experienced Philadelphia slip and fall lawyer will investigate the accident, interview witnesses, review surveillance videos, and consult with experts to understand how the accident happened to build a compelling case. 

You can also be very instrumental in how successful your claim is by gathering as much evidence as possible in support of your claim. 

• File an immediate accident report with the owner or manager.
• Keep copies of any police report.
• Detail all the facts surrounding the accident, such as the date, time, exact place, what was happening around you, and what you did immediately before the accident.
• Take detailed photos or videos of the area surrounding the accident and your injuries.
• Get the names and phone numbers of anyone who may have seen it happen.
• Seek medical care as soon as possible, follow all physician orders, and keep all records and receipts.
• Preserve any clothing and footwear you were wearing at the time of the incident. 

If you’ve been injured on someone else’s property because of a dangerous condition, you’ll want the legal guidance of a slip and fall lawyer. Even if an insurance company is offering you a slip and fall settlement, you owe it to yourself to understand what your claim is worth so you don’t accept less than you deserve. At Silver & Silver, our experienced Philadelphia slip and fall attorneys are highly skilled at holding property owners accountable for their negligence. Call us at (610) 638-7255 for a free consultation or reach out through our website contact form. Don’t try and navigate a complicated slip and fall claim by yourself. 

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.