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 a 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!
Every single day, our Philadelphia slip and fall attorney from The Law Offices of Greg Prosmushkin, P.C., receives countless questions from victims of slip and fall accidents all across Pennsylvania.
As you can guess, many of these questions repeat themselves over and over again because an injured victim wants to know what happens next and how he or she can seek compensation for all the losses and damages caused by the unexpected and preventable injury.
While many of these questions are similar, the answers may vary depending on the circumstances of your particular case. As questions begin to pile up, it is essential to seek legal help from an experienced slip and fall lawyer in Philadelphia or another city in Pennsylvania.
How Much is My Slip and Fall Case Worth?
Yes, this is probably one of the frequent questions that we hear from slip and fall accident victims in Philadelphia and all across Pennsylvania. As your lost wages and medical expenses begin to accumulate at exponential rate weeks or months after the accident, you might feel the urgent need to calculate how much your case is worth.
As you can guess, each case is unique, and there is no cut and dried formula to say that injury “A” automatically gets $10,000, while a slip and fall accident in a public bathroom is worth $500,000. Unfortunately, it does not work like this.
The amount of your compensation is affected by several factors, but some of the major ones are:
- The severity of your injury.
- The cost of medical care (both past and future) to treat your injury.
- Whether your earning capacity has been diminished due to the injury.
- The number of days/weeks/months/years missed from work and
- Pain and suffering, if any.
Also, the value of your slip and fall claim depends on whether the other party’s fault is clear and indisputable. Speak to our Philadelphia slip and fall attorney from The Law Offices of Greg Prosmushkin, P.C., to calculate how much money you can recover.
Do I Really Have to Sue My Neighbor or Friend to Recover Damages?
A relatively large percentage of slip and falls occur on properties owned or rented by the victims’ neighbors and friends, which makes things a little more complicated. In these cases, injured victims are reluctant to file a claim because they do not want to ruin their friendship or cause trouble to their neighbor or friend.
So is suing your friend or neighbor the only option to obtain compensation for your slip and fall injury? Our Philadelphia slip and fall lawyer explains that when recovering damages after a premises liability-related accident, you do not sue the property owner, you sue their insurance company.
What Happens if I Slipped and Fell on a Rental Property?
“Will I be allowed to seek compensation for my slip and fall injury simply because the accident occurred on a rental property?” many of our clients ask our lawyers at The Law Offices of Greg Prosmushkin, P.C.
Yes, premises liability law can be complicated, but what is clear is that property owners are not the only ones liable for slip and fall injuries. Those who possess, rent, manage, or control the property – even if it is owned by someone else – can be held responsible for injuries that occur on their property.
Get a free evaluation of your slip and fall case by contacting The Law Offices of Greg Prosmushkin, P.C. Discuss your case with our Philadelphia slip and fall attorney right now by calling at 215-543-7220.
This content was written on behalf of Greg Prosmushkin.