Philadelphia Slip & Fall Accident Lawyer
If you are eating at a restaurant, shopping at a mall, or staying at a hotel, you have the right to a safe environment. One of the most common personal injury cases is a slip and fall lawsuit. For one thing, many different conditions and hazards can cause them. The winter months can cause for pedestrians to slip and fall on the icy sidewalks, and the careless maintenance at grocery stores can cause shoppers to slip in an isle. At the same time, slip and fall incidents are pretty much straightforward in which party is liable: the finger can be pointed to the owner of the land or building.
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, or any other property – 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 legal recourse for the injury.
However, in order to recover, you must prove fault. It is not enough to merely demonstrate that you were injured. You have to demonstrate that the injury was the result of negligence. The law requires that you show 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 has to 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 may be either actual notice or constructive notice. Actual notice means that the owner either created the condition which 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 to be a regular condition of the premises. Constructive notice is a legal term which basically means that the owner should have known by duty or diligence that the condition existed, and is most importantly established by 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 legally on 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 to 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 of this status would include a postal worker, police officer, or social guest.
Please remember that this is only 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?
Slip and fall accidents generally lead to costly medical expenses and time away from work. In order to receive the compensations that you deserve, you need an aggressive personal injury lawyer to represent your case. 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 this, 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, an attorney 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.