You leave a store expecting an ordinary day, but one unexpected fall changes everything. As you replay the accident, you may wonder whether one misstep means you have lost the right to seek compensation. Even if you were partly responsible for a Philadelphia slip and fall accident, you may still have the right to pursue a claim if a dangerous property condition also contributed to your injuries, although Pennsylvania law may reduce the compensation you recover.
A fall on someone else’s property does not automatically create a lawsuit. A successful claim usually requires proof of negligence, liability, damages, and a connection between the hazardous condition and your injuries. Pennsylvania comparative negligence also affects how compensation is calculated when more than one party shares fault. A Philadelphia slip and fall lawyer can evaluate the circumstances of your accident, explain how shared fault may affect your claim, and help you protect your legal rights.
Table of Contents
- Determine Whether the Property Owner Can Be Held Responsible
- Examine Fall Scenarios That Change Liability
- Avoid Claim Mistakes That Reduce Your Recovery
- How Can a Philadelphia Slip and Fall Lawyer Help
- Frequently Asked Questions
Determine Whether the Property Owner Can Be Held Responsible
Identify the Hazard That Caused the Fall
Not just any fall can be grounds for a personal injury claim. Identifying the danger is the first step. Hazards include wet floors, spilled liquids and food, loose mats, uneven flooring, broken or missing stairs and railings, hazardous sidewalks and entranceways, and poor lighting. Injuries would have to be a consequence of the danger you have identified. There are many things that can support your claim, including photographic evidence, incident reports, the names of witnesses, the logs of maintenance, surveillance footage, and your medical records.
Prove the Owner Had Notice of the Danger
The fact that a person was hurt on a property does not mean that the property owner is automatically liable. The specific claim usually depends on whether the property, business, or tenant owner and/or the employee were aware of the danger. Knowledge of the hazard may either be actual or constructive. Cleaning logs, complaints, requests for repairs, statements, inspections, and video/photo evidence may denote the owner and/or tenant’s awareness of the hazard.
Examine Fall Scenarios That Change Liability
Pinpoint Business, Apartment, or Store Responsibility
Falls may occur in a variety of public and private places and may necessitate reasonable inspection and maintenance procedures by businesses, landlords, tenants, and property managers. Potentially useful records may be cleaning schedules, inspection schedules, records of performed repairs, prior complaints, employee reports, and surveillance camera footage.
Address Sidewalk, Snow, and Maintenance Hazards
Sidewalk falls can be caused by many factors, including snow and ice that isn’t cleared, broken or cracked pavement, poor drainage, broken steps, unsafe entrances, and poor lighting. In Philadelphia, it is the responsibility of the property owner, agent, or tenant to clear a path on the sidewalk after snow has stopped falling. Sidewalk fall cases usually consider who has control, occupation, or maintenance of a sidewalk.
Avoid Claim Mistakes That Reduce Your Recovery
Preserve Scene Evidence Before Conditions Change
Autumn displays can rapidly shift once messes are mopped up, signage is placed, ice is thawed, or maintenance is started. Capture spills, hazards, the scene, lighting, your shoes, warning signs, and any injuries. Ensure an incident report is completed prior to your departure from any business, apartment, retail, or managed space. Document witness details (name and phone number) and a brief description of their statements.
Evaluate Injuries Fully Before Settling
Settlement offers may come around before you are aware of the full cost of treatment. Injuries from falls may include fractures, concussions, back, knee, and shoulder injuries, surgery, and extensive therapy. A settlement should take into account medical expenses, lost wages, future medical needs, decreased earning ability, pain and suffering, and future limitations. Once the release form is signed, the right to sue for additional compensation is lost.
How Can a Philadelphia Slip and Fall Lawyer Help
Secure Video, Records, and Witness Proof
A Philadelphia slip and fall attorney can look into the incident and determine whether the property owner, business owner, landlord, tenant, or a maintenance company acted reasonably after a Philadelphia slip and fall accident. Some available legal options include the attorney requesting surveillance video, inspection logs, repair records and reports, incident reports, lease documents, and any prior complaints. Attorneys can also respond to arguments raised during an insurance claim, including allegations that the danger was obvious, temporary, or that you acted carelessly.
A lawyer can help calculate the compensation you may seek, including medical expenses, lost wages, future medical needs, and pain and suffering. Pennsylvania’s statute of limitations generally gives you two years to file most negligence-based claims. Due to early deadlines with some insurance claims, notice to the injured party, and claims against government entities, early action may be mandated.
Frequently Asked Questions
Can You Sue After a Philly Slip and Fall Accident?
Yes, you might have grounds to sue if an unsafe condition on a property caused you to be injured. You also have to show that the party who would be responsible for the injury acted in an unreasonable way. It generally depends on proving negligence, liability, damages, and that the unsafe condition caused your injury.
What Must Property Owners Do to Prevent Falls?
Property owners, businesses, landlords, and managers are required to act reasonably in the circumstances. Acting reasonably can include different inspections, repairs, warnings, and/or maintenance of spills, stairs, walkways, and lighting. Duty depends on the property, the hazard, and the circumstances surrounding the fall.
Which Evidence Helps Prove Negligence?
Helpful evidence may include pictures, recordings, testimonies, incident reports, and medical records. Other potentially helpful documents include inspection, cleaning, and repair logs. Other helpful pieces of evidence may include prior complaints, weather reports, insurance letters, and recorded evidence. The best evidence comes from the scene before anything has changed.
Can Compensation Be Reduced if You Were Partly at Fault?
Yes, under Pennsylvania comparative negligence, compensation can decrease by your percentage of fault. Recovery can happen as long as your fault was less than the defendant’s fault. The insurer can assign fault based on factors such as footwear, warnings, lighting, and distractions.
How Long Do You Have to File a Lawsuit?
In Pennsylvania, many personal injury lawsuits for negligence must be brought within a two-year period. After this period, a plaintiff’s options for an out-of-court settlement may diminish. A plaintiff may also lose certain legal rights. Some claims may require an even earlier notice, especially those involving governmental or public property.