Tag Archives: Slip and Fall Attorney Philadelphia

How To Know When You’re Entitled To A Slip And Fall Claim? 

How To Know When You’re Entitled To A Slip And Fall Claim? 

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You and your attorney must establish negligence before claiming money for the fall and slip injuries. Your case must include evidence that the owner of the property is accountable for the injury. You must be capable of demonstrating that the landowner was negligent in failing to safeguard you before the fall to do this. To prove that the slip & fall event led to your wounds and eventual damages, you can always rely upon lawfirms like Philadelphia slip and fall lawyers. Though it’s a complicated procedure of assembling evidence, eyewitness statements and much more is required. 

How to Prove Liability in a Fall and Slip Case

At grocery stores, cafes, and on private land, fall and slip incidents are prevalent, but establishing that the landowner is at blame can be challenging. Our attorneys must demonstrate that the land owner knowingly or unintentionally caused your damages to file a case. You would first establish any of the abilities to follow:

  • A broken step or pool of water lying on the ground are examples of highly unsafe conditions that the proprietor or manager of the building ought to have been informed of and remedied or repaired before your incident occurred. Here, scheduling is a significant problem. Did the land owner of the residence have “adequate” time to address the issue before the slip & fall happened?
  • The landowner or proprietor was the one who caused the hazardous situation that made you fall and trip, for instance, by failing to remove an obstruction from your route.

How to Show Negligence

The four elements of carelessness must be established in your fall and slip claim:

  • The homeowner of the property owed it to protect you from potentially dangerous situations.
  • The property owner broke this obligation, which led to damages.
  • Your losses and subsequent damages.
  • The responsible party (landowner) must make up for your losses.

Duties of Care

The landowner’s obligation of care will usually depend on your visitor status if you have a legitimate fall and slip damage case.

  • A guest is a person the landowner has permitted to enter the premises. For instance, a colleague, friend, or neighbour would be regarded as an invitee. Usually, the landowner owes the attendant a fair duty of caution to maintain the premises risk-free.
  • The landowner has given the applicant access to the premises only for the licensee’s exclusive use. A licensee might work as a salesperson or subcontractor. In this situation, the landowner owes the applicant a lower obligation of care to alert him to a potentially harmful situation.
  • A person not allowed to be present on the land is considered a home invader. Most of the time, except if the stranger was a minor, landowners have no responsibility to him. 

Each day, dozens of individuals suffer injuries while on the land of others. You might well be able to receive compensation for the fall and slip injuries if that is a question you are considering. You may be entitled to compensation for losses and damages such as discomfort and suffering, health costs, lost pay, suffering mentally, or loss of pleasure in life. The emotional and financial weight of an incident that wasn’t your responsibility shouldn’t fall on you. You can go through Philadelphia slip and fall lawyers if you desire to hold a landowner accountable for your damages after slipping and falling on another person’s land.

What Qualifies as a Slip and Fall?

What Qualifies as a Slip and Fall?

Slip-and-fall refers to the liability laws that govern cases in which an individual is injured by a dangerous condition on another’s property. These lawsuits usually fall under the umbrella of “premises liability” claims. Individuals frequently slip and fall on others’ property, and the property owner could be held legally liable for the mishap.

Every year, nearly a million people visit emergency rooms due to slip and fall accidents. Torn carpeting, uneven flooring, insufficient lighting, a narrow stairwell, or a wet floor are just a few of the dangerous conditions that might lead someone to stumble and hurt themselves.

A slip and fall accident can also occur when someone falls outside due to ice, rain, snow, or an unforeseen danger, such as a hole in the ground. The same goes if someone slips on a cracked or broken public walkway or if someone falls down a set of stairs.

 In any case, the plaintiff must have suffered some form of injury, no matter how little, in order to be eligible for compensation.

How to Determine a Slip and Fall Case

There is no specific way to determine if someone else is legally accountable for your injury if you slip and fall. In most cases, there must be an unreasonably high risk of accident to a person on the property. More importantly, the injured party should not have foreseen given the circumstances. This latter stipulation means that individuals must be aware of and avoid obvious threats. Here is a general guideline to determine a slip and fall on different kinds of properties.

For Commercial Properties

To be legally accountable for injuries caused by slipping and falling on another’s property, the owner of a restaurant, store, or other business must:

  • Have been responsible for the worn/torn patch, spill, or other unsafe surface or item being underfoot.
  • Have been informed of the hazardous circumstance yet did nothing about it; or
  • Should have known about the unsafe condition since a “responsible” person looking after the property would have detected it fixed it.

For Government Property

When a slip and fall accident occurs on land owned by a federal, state, or local government institution, special regulations apply. There are highly strict notification requirements, as well as wide immunity rules. Which sometimes shield government institutions from accountability for damage that occurs on their land.

For Residential Properties

Landlords could be held liable to tenants or third – parties for slip and fall injuries that occur on rented property. To hold a landlord liable for an accident, a tenant must establish the following:

  • The landlord was responsible for taking care of the unsafe condition that led to the slip and fall.
  • It would not have been prohibitively expensive or difficult to remedy the hazardous situation.
  • The landlord’s failure to take adequate safety precautions resulted in the tenant’s or third party’s slip and fall injuries.

Slip and Fall Attorney Philadelphia:

Now, determining what qualifies as a slip and fall case requires expertise; hence contacting a lawyer is the right choice if you wish to get the compensation you deserve. Philadelphia Injury Lawyers, P.C is a law firm that has experienced slip and fall attorneys to help you get the most suitable compensation. Contact a slip and fall attorney in Philadelphia to help you determine if your accident accounts for slip and fall personal injury cases.

Common Cold-Weather Injuries And How To Prevent Them

Common Cold-Weather Injuries And How To Prevent Them

Those who are already injured or have just been injured often report additional discomfort when the temperature drops. This is not uncommon throughout the winter months. Anyone who has had a joint replacement or another kind of surgery is already more sensitive to the effects of cold weather. 

Philadelphia Slip and Fall Lawyer

Injuries occurred in winter

The consequences of being injured in the cold may be very unpleasant, if not deadly. It’s possible to become lost in the wilderness when hiking, hunting, or just skating in the snow. To avoid an injury, it’s important to know how to spot symptoms, how to seek medical attention, and how to prevent one from occurring.

The Most Common Injuries In Winter

Frostbite

There are several types of frostbite, but the most frequent is frostbite, which may be mild or severe depending on the period of exposure. Due to the body’s natural tendency to focus more blood on the heart when it’s frigid, this results in the limbs receiving less blood. Feeling sore, stinging, and numbness are some of the most common symptoms of frostbite. In severe cases, neglected frostbite might lead to disability.

Hypothermia

Excessive exposure to cold may cause hypothermia, which is a drop in core body temperature below 95 degrees Fahrenheit. Snoring, difficulty speaking, and drowsiness are all common signs of this condition. If someone begins to show signs of hypothermia, you must begin warming them up slowly but rapidly.

Snow blindness

When it’s cold and snowy, many don’t think to apply sunscreen or wear sunglasses, which leads to snow blindness and sunburn. Because of the UV radiation reflected off the snow, snow blindness may occur. If the light bothers your eyes or makes them itch, it’s time to choose a lower light area.

Slips and falls

This may occur on icy outdoor surfaces. Broken bones, sore backs, and sprained joints are all common problems. Another typical occurrence is a traumatic brain injury (TBI). It is possible to reduce your risk of sliding on ice by paying attention to your stance when walking in the winter. Stretch your arms out to your sides and waddle like a penguin with short, leisurely steps and slightly bent knees. After a fall, it’s critical to get the proper attention. A shattered bone, intense discomfort, or an inability to get out of bed are all indications that you should seek immediate medical attention. Do not wait to get medical attention if you have a loss of consciousness or severe headache after the fall, nausea, and vomiting or if you are using a blood-thinning drug.

Neck and Back Injury

To avoid neck and back injuries when shoveling, it is crucial to use good technique. Push the snow aside with the shovel rather than lifting it. The best way to protect your back is to bend your knees slightly. Stretching your muscles to get them warmed up is another option.

Philadelphia Slip and Fall Lawyer

The danger of slipping and falling increases dramatically when ice forms on the roadways and sidewalks. Who is taking the burden of your medical bills if you slip and fall into icy conditions? Sidewalks and driveways must be cleared by property owners and business operators equally. Blustery weather brings with it the risk of slips, falls, and other mishaps on icy surfaces. It all comes down to where what, and why the accident happened following a winter injury. If you get injured due to a slip and fall and you want to claim a lawsuit, then you need to contact an experienced law firm. You can Click Here to contact a Philadelphia Slip and Fall Lawyer at Philadelphia Injury Lawyers, P.C. We have quite experienced attorneys to handle any slip and fall case.

Types Of Injuries That May Develop From Slip And Fall Accidents

Slip And Fall Accidents

As we carry on discussing the slip and fall injury law Philly, our next concern would be the possible injuries that arise after a slip and fall accident. Keep in mind, when a person or business failed to do the necessary action to eliminate the hazards, negligence could be filed and be held liable for any injury inflicted on the injured individual. Below are the types of injuries that a person may suffer from a recent slip and fall accident.

 

Bone fracture

 

This is one of the common injuries that could occur after a bad fall or accidental slip, bone fractures, either on arms or wrists. Remember, it’s normal for an individual to find support during a slip or fall with the use of his or her arms. Other injuries that could lead to bone fracture are hip and spinal column.

 

Brain injury

 

Another part of the human body that is prone to injury due to a slip and fall accident according to a lawyer in Philly is the brain. Common brain injuries resulting from a fall or slip are minor concussions, then, the severe case could result in traumatic brain injury.

 

Spinal column injury

 

One of the alarming injuries that could happen after a slip and fall accident is the spinal column injury. According to an attorney in Philly, anyone who sustained severe nerve damage along the spinal column is entitled to compensation as this injury could lead to permanent disability.

Most of the injuries mentioned above will need immediate medical treatment. Apart from the required medications, follow-up visits with a specialist in the area of injury, and therapies, this ongoing healing could bring psychological impact to the affected person. Among the psychological side effects that can manifest while under the recovery stage are depression, anxiety, and even changes in behavior. A person who used to be happy and outgoing may become moody due to pain or discomfort felt.

Is a settlement from an insurance or business the best option to get compensation?

There are instances wherein most cases of slip and fall accidents, the injured individual will be offered an out of court settlement, especially if the injury appears to be less serious. In other cases, the property or business owner would even suggest payment via an insurance policy. Although these offers may appear tempting, it’s still necessary for the injured person to consult a Slip and Fall Attorney Philadelphia legal representative. For example, if your slip and fall accident happened in Philadelphia, hiring a local attorney with a solid background in slip and fall accidents would be a wise move. Why? A lawyer based in Philly knows the rules that may apply to your slip and fall accident as well as the documents you need to produce for your case to be valid and entitled to a legal claim. It’s still best you have a legal adviser on your side before you even sign any document provided by the other party concerned (defendant).

When Is A Slip And Fall Accident Considered As Personal Injury in Philly?

Slip and Fall Accident

Determining if a slip or fall accident can be already a personal injury case requires the professional advice of an experienced lawyer in Philly. So, how can a person verify if he or she has a legal case after slipping on a wet floor?

When does an accidental slip or fall lead to liability?

There are no specific explanations as to when a person could be held liable for Slip and Fall case in Philadelphia. It depends on the circumstances that led to such accident. Here are some examples for you to have a clearer understanding:

  • For a person to be responsible for an injury, the cause of the slip or fall must be a wet floor without proper signage. The injured person can file a slip and fall case according to an attorney practicing his or her profession in Philly.
  • The owner of the building is aware about broken railings and didn’t take any action to fix it.
  • The person managing the building did the necessary action such as putting the “Wet Floor” signage. 

What is a “reasonable action” to prevent an accident?

A person who is held responsible for the care and maintenance of a property must take seriously this position and do the necessary actions to ensure the entire place is clean, safe, and secured. If the person did the required cleaning and repairs on cracked floors, add signage when the floor is wet or made an effort to check the area if it’s safe, then, if an accident happens like a trip or fall, the question who is really liable will be properly investigated. For example, if despite the warning sign of the wet floor, the person didn’t take this advice and decided to walk on it resulting to his or her fall, then, in this case, the owner of the property won’t be held liable.

Do you really have a case?

If you are really unsure whether your slip and fall accident has a case to file, ask a lawyer in Philly who handled accident or personal injury cases. You can also do some analysis on your own by asking the * following questions:

  • If your slip or fall led to a broken hip and was due to a loose carpet flooring and the owner of the building already knows this issue and had been there unattended for quite some time?
  • Are there other external factors that contributed to the slip and fall accident such as poor lighting in that area?
  • Is there any protective barrier to prevent slips or falls in an accident-prone area?

What’s your next move?

If you strongly feel that you do have a legal claim from the injury inflicted after a bad fall or slip, the next move is to talk to a Slip and Fall Attorney Philadelphia and discuss your problem.

Learn Your Rights On Different Causes Of Slip And Fall

Are you a victim of slip and fall case? If you don’t know your rights after an incident of a slip and fall, let me give you a walkthrough of the definition of a slip and fall case, different causes of slips, trips and falls and who could be held liable if injured.

Definition of slip and fall case

The slip and fall case is referred to the situation where the person has slipped, tripped or fallen due to a dangerous surface and led to his or her injury or physical harm. Some consider it a case of personal injury and classified as premises liability law. Slips, falls and trips do happen without any warning. In fact, many cases of slips and falls arise during bad weather conditions such as the winter months where the pavements and sidewalks become slippery due to ice. But, when the pavements or sidewalks developed cracks and holes and not related to weather condition and become hazardous to passersby, the owner of the property must be responsible in keeping his or her premises safe and be held accountable in a slip and fall led to serious injuries.

Different causes of slips, falls and trips:

  • A business shop may experience wet, muddy or icy surfaces outside the entry point and when customers come in with wet shoes will lead to wet or slipper floor. In the event a customer accidentally slipped due to the wet floor, the owner of the business shop can be held liable. Why? It’s the responsibility of the owner of that business or whoever is in charge of the day-to-day operation to ensure that the floor where customers walk are dry and will not lead to a dangerous slip or fall incident. A bad weather condition like heavy rain or snowstorm would be accepted as an excuse. The owner must make sure that someone will oversee the mopping of the floor to keep it dry as customers come in and go.

  • Food and liquid spills is another common cause of accidental slips, falls or trips in public places such as supermarkets, restaurants and other dining outlets. If the customer accidentally spilled drinks on the floor and the owner of that store, shop or restaurant isn’t mindful of these incidents that led to another person’s slip and fall case, he or she could be held liable. Keep in mind, in any public place where huge crowd come and go, it is the duty of the property owner to make sure that any accidental spill of food or liquid is cleaned that very moment to ensure nobody slip or fall.

  • Poor lighting could also lead to accidental slip or fall injury. For example, when walking at the car park and the person accidentally tripped because there are not enough lights along the pathway, the property owner can be held accountable for not installing adequate lights.

  • Cracks on the pavement, chipped tiles, uneven flooring and loosened carpet flooring could all lead to a slip and fall accident. Again, the property owner or whoever is responsible in maintaining the safety of the place and didn’t do anything to fix these issues can be help responsible for a passerby injury.

Who can help you after a slip and fall accident?

Discussing your slip and fall accident must be confided only to a legal representative that specializes in slip and fall cases because these types of cases can be complicated. If you don’t know your legal rights, only a slip and fall lawyer in Philly can understand your situation and give you the professional advice on what to do next. The lawyer will have to assess first the details of your slip and fall accident, extent of injury and from there determine approximately how much can you claim.