Slip & Fall Accident Lawyer in Philadelphia
As members of society, we all generally operate under the assumption that the premises we are on - be that a personal home, grocery store, park, etc. - are safe. If you are injured on a property as a result of the property being unsafe, it is likely that you will be able to seek a legal remedy for the injury.
However, in order to recover, you must prove fault. It is not enough that you were injured. You have to prove that the injury was the result of negligence. The law requires that you must be able to demonstrate that the owner of the premises had either actual or constructive notice. A knowledgeable Personal Injury Attorney can help you to recover if you were injured as the result of a fall on someone else's property.
How to Establish Fault
First, there must be an identifiable dangerous condition. Second, it must be proven that the property owner had notice. Finally, the type of relationship between the owner and the injured party must be determined.
Whether or not there was a dangerous condition should be easily proven by medical or police reports, photographs, testimony, admissions, etc. The issue of notice is a bit more complicated. Notice can be either actual notice or constructive notice. Actual notice means that the owner either created the condition that caused you to injure yourself, helped create the condition that caused your injury and/or that the condition complained of occurs with such frequency that the owner knows it is a regular condition of the premises. Constructive notice is a legal term which essentially means that the owner should have known by duty or diligence that the condition existed; the most important of which is the duration of the condition on the property. Therefore, even if the owner did not actually know of the condition, they will be held to have known due to circumstantial facts and their duty under the law to inspect their property frequently.
The relationship between the owner and the individual establishes the duty the owner owes them. Persons upon someone else's property are deemed either an invitee or a licensee. An invitee is owed the highest duty as they are conferring an economic benefit upon the owner. For example, a clothing store customer or food market customer. A licensee is an individual who is still there for the benefit of the owner but the relationship is of a different nature. Examples would include a postal worker, police officer, or social guest.
Please remember that this is but a brief explanation of complex legal principles and that only a knowledgeable attorney can accurately analyze your claim and appropriately advise you as to matters of liability.
What Should I Do?
Often people will agonize over treatment after an injury. If you are hurt, you should seek appropriate medical attention.
Many businesses maintain insurance and most have a medical payments provision to pay some of your immediate medical bills. Most people do not know that, which is why you need to retain a personal injury lawyer. The sooner you do so, the sooner the process can begin towards your financial recovery.
Why Do I Need a Lawyer?
Fall down accidents are more complicated than you may think. Beyond all the information provided above, a lawyer also needs to review video and any other available evidence, and a lawyer needs to negotiate any potential settlement and if need be prepare for trial. Retain an aggressive and experienced Personal Injury Attorney to help you get the recovery you need!
This content was written on behalf of Greg Prosmushkin.