Philadelphia Lawyer for Slip and Fall Personal Injury
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 for people, it is likely that you will seek 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 the negligence of the property owner. Furthermore, you must be able to demonstrate that the owner had either actual or constructive notice. A knowledgeable Personal Injury Attorney can help you to recover if you were in fact injured as the result of a property owner's negligence.
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. Through these factors the responsibility of the owner can be proven.
Whether or not there was a dangerous condition should be easily proven by medical or police reports, photographs, testimony, admission, etc. The issue of notice is a bit more complicated. Notice is in the form of either actual or constructive notice. Actual notice means that the owner either created or helped create the condition or that the condition occurs with frequency such 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 due to a number of factors, the most important of which is the duration of the condition. This is a means by which to say even if the owner did not actually know, they will be held to have known due to these facts.
The relationship between the owner and the individual establishes the duty the owner owes them. The individual is either an invitee or a licensee. An invitee is owed the highest duty as they are conferring an economic benefit upon the owner. This would apply to a shopper or park goer. 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 the situation and appropriately advise you as to matters of liability.
What Should I Do?
Often people will agonize over treatment after an injury. They worry about not having insurance or payments beyond their coverage, suing the party they feel is responsible, and every detail they can conceive of besides actually treating! Do not hesitate. It is important that you treat immediately!
Insurance is not essential at this juncture. For instance, if you were injured at a business, most businesses carry premiums which will cover those injured on their property regardless of fault. The amount of plans will vary but should provide at least $1,000 in coverage. Many homeowners have similar coverage.
And 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?
Slip and falls 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.