Can You Get Compensation for Slip and Fall Accidents?

Slip and fall incidents occur anywhere: at a grocery store, on a sidewalk, or even in a parking lot. Chances are that the accident might not look too serious when it occurs, but the damage subsequently done can be quite profound; one may experience broken bones, ankles sprained, concussion, or even spinal injury. If you or a loved one has been hurt due to a slip and fall accident, you might be wondering whether it’s possible to collect for related injury expenses. The answer is yes-but only under certain conditions. This blog will give you insight into how slip and fall accidents are legally handled, the role of premises liability, and how a Premises Liability Lawyer in Philadelphia can help you get your due compensation.

What is a Slip and Fall Accident?

A slip and fall accident is actually that kind of fall whereby a person slips, trips, or falls because of hazardous or dangerous conditions on someone else’s property. These may occur on private, public, and commercial properties, and they are usually caused by such factors as wet and icy floors, uneven surfaces, poor lighting, or other causes like exposed wires and debris lying around in the place.

Though slip and fall accidents may occur rapidly, the injuries that they may cause can last a lifetime. The victims may then have expensive medical costs, long-term pain, and suffering as well as limitations upon their potential to work. It is therefore very significant that the need for compensation becomes vital in helping accident victims to fully recover- not only physically but also financially.

Understanding Premises Liability

Slip and fall cases normally fall within a wider category of law known as premises liability. Premises liability refers to the duty imposed on property owners or occupiers in the creation and maintenance of safe premises for visitors. When property owners fail to make their premises reasonably safe or neglect to correct hazards, that become readily apparent, they can be liable for injuries sustained because of their negligence.

In Pennsylvania, one has differing extents of responsibility under the law depending on the legal status of the person in his/her property, classified as:

• Invitees: They are invitees to the property for reasons of business, such as people buying in a shop or people visiting an office. Owners of the property have a duty of care owed to the highest degree of care toward invitees, which also includes the active inspection of the premises for possible hazards and response to all concerns regarding safety.
• Licensees: Licensees enter the property for social reasons or with permission from an owner. While the property owner must warn licensees of known dangers, the owner is not required to inspect the property for potential dangers.
• Trespassers: A trespasser enters the property without permission. Property owners owe very minimal duties to trespassers, which are normally to avoid willfully causing injury.

While there are many ways to prove negligence in slip and fall cases, it’s worth knowing that a premises liability lawyer in Philadelphia can help you determine your legal status on the property and determine whether the property owner breached his duty of care and is liable for your injuries.

How to Prove Negligence in Slip and Fall Cases

To receive an award, a slip-and-fall plaintiff must first prove that the property owner or manager was negligent. In this regard, negligence is defined as the failure by the owner to use reasonable care to ensure that the environment is safe or to provide measures for potential hazards. Some of the most important factors necessary to prove negligence in a case based on premises liability include:

1. Duty of Care

First, you need to show that the owner of the property owed you a duty of care. This typically will be determined by your legal status on the property, as explained above. In all likelihood, if you were an invitee or licensee, then there most probably is a duty on the part of someone else to make the premises reasonably safe or to warn you of known dangers.

2. Breach of Duty

Once you have established the existence of a duty, you must establish that the property owner failed in that duty to avoid or mitigate a dangerous condition. For example, the failure on the part of a grocery store either to clean up a spill or to post warning notices might be framed as failure in the duty of care.

3. Causation

Now, you need to demonstrate that there is a direct causation between the breach of duty and your injury. That means you have to prove you slipped or tripped on a hazard that the owner of the property should have remedied.

4. Damages

Lastly, you need to show that the accident really caused losses in the form of medical expenses, loss of earnings, or loss of enjoyment of life. Trespassing on somebody else’s land is not sufficient; the accident must have inflicted actual hurt and incurred actual loss.

A Premises Liability Lawyer in Philadelphia can also gather the necessary evidence to back up each one of the above elements. Instances of such proof could include pictures of a specific hazard, witness accounts, CCTV recordings, and expert reports that elaborate on the hazardous condition.

Frequent Slip and Fall Accidents Causes

Slipping and falling accidents may occur due to various causes, but there are some hazards that are more frequent than others. Here are some of the most common causes of slipping and falling occurrences:

• Wet or Slippery Surfaces: Whether from spilled liquids, rain, or floors that have just been cleaned, the surfaces are the number one providers of slip and fall accidents. The property owners should clear the spilled liquids promptly or make adequate warnings if the floor is wet.
• Unlevel Flooring: A cracked pavement, broken tiles, or uneven carpet might cause a fall. The owner of the property must check walkways and floors to ensure there are no uneven spots.
• Poor Lighting: A poorly lit area may be a stairwell, parking lot, or otherwise that may cause a person not to see the hazard leading to a fall.
• Obstacles: Items left lying on a walkway, such as loose wires, boxes, or debris, which may cause a person to trip and fall.

Ice and Snow In the colder climate of Philadelphia, melting ice and snow pose a significant threat to slip and fall accidents. While the actual liability typically depends on state law, an owner is usually required to remove ice and snow from sidewalks and parking lots in order to prevent any possible slip-and-fall accidents.

Suppose your slip and fall accident was caused by any of these or other hazards. In that case, a premises liability lawyer in Philadelphia can help you investigate whether the property owner acted negligently and is responsible for your injuries.

Compensation for Slip and Fall Injuries

If you can prove the property owner was negligent and his negligence caused your injury, then you are entitled to recover damages consisting of:

1. Medical Expenses

The medical costs associated with a slip and fall injury can be high cost, from emergency room treatment to surgeries, PT, and ongoing treatment. Your damages award must include your past and future medical expenses attributable to your injury.

2. Lost Wages

If you are injured and unable to continue working, the amount of compensation that you can receive will include not only the time that you have lost but also the future income that you may lose because of your injury when it may well affect your ability to work in the long run.

3. Pain and Suffering

Aside from the monetary loss, you would also gain the right to recover damages on pain and suffering, which include physical and mental anguish, coupled with providing you your injury. Mostly, the damages for pain and suffering are calculated on the severity of your injury and its impact on your life.

4. Loss of Consortium

In some cases, even a spouse or family members of an injured person can also file compensation on account of loss of companionship or support from the injury.

A competent premises liability lawyer in Philadelphia will evaluate the extent of your injury and help get you full compensatory damages possible.

What to Do After a Slip Fall Injury End

If you are a victim of slip and fall accidents, there are certain integral procedures you must do to ensure protection for your rights and strengthen your case:

• Medical treatment: Even if you think that your injuries are minor, it is essential that you seek medical attention immediately. The records made by their treatment will record your injuries, and as such, they will establish evidence that the injuries you suffered were connected with the accident.
• Report the Accident: Let the property owner or manager know you have suffered an accident as soon as possible. Ask him to issue a written report. Get a copy of the report for your records.
• Gather Evidence: Take pictures from all sides of the accident hazard that made you fall and any part of the area. Collect contact information from anybody who witnessed your fall.

If you have suffered an injury, it would also be a good idea to consult with a Premises Liability lawyer in Philadelphia to help walk you through this process and the common pitfalls that could jeopardize your claim.

How a Premises Liability Lawyer in Philadelphia Can Help

A slip and fall case can be very complicated to deal with, especially when still in recovery from the injury itself. A good attorney specializing in premises liability in Philadelphia may assist at every step of a claim for the following reasons:

• The accident is investigated, and information is gathered to establish the presence of negligence
• Insurance companies are negotiated with to obtain a fair settlement
• A claimant is defended in court if a settlement cannot be reached
• Education about your rights and your options at every single stage of the case

If you have suffered from a slip and fall accident, you don’t have to face this complex legal process yourself. Hire an expert Premises Liability Attorney in Philadelphia to talk about your case and see how they can help you get the true compensation that is yours.

The Alva Foster & Moscow, LLC – Top Law Firm in Philadelphia

If you have suffered an injury in a slip and fall accident, then it is crucial to get the services of a qualified attorney so you can get the compensation necessary for you. The following benefits can be derived from consulting with an excellent Philadelphia law firm, such as Alva Foster & Moscow, LLC, which boasts enough experience dealing with premises liability cases and will take you through every step of the legal process. Their dedicated team assists victims in their claims for negligence regarding their injuries and fights to secure justice. Visit The Alva Foster & Moscow, LLC to learn how their experienced attorneys will work to help in your slip-and-fall case and fight for your rights.

Conclusion

Slip and fall accidents could result in severe injuries, as well as a tremendous financial burden. Fortunately, suppose the carelessness of the property owner resulted in your injury. In that case, you are eligible to collect monetary damages against the careless owner for your medical expenses, lost wages, pain and suffering, and even more. To get legal help to protect your rights and to ensure that you will be treated fairly and that you will be awarded the best chance for recovery after an injury, see an experienced Premises Liability Lawyer in Philadelphia.

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