Slip and fall accidents do not always look serious from the outside. Even in the first hours, you might not know how bad your own injuries are. However, if you hit your head, hurt your back, or broke a bone, it could result in very serious outcomes and even potential hospitalization or life-threatening injuries.
Work with a lawyer to discuss the severity of your injuries and what damages you can claim. Defendants – including businesses and homeowners – may be held responsible for what happened to you. These parties and their insurance could ultimately be on the hook for thousands or even millions of dollars, depending on your damages.
Call our slip and fall lawyers at The Reiff Law Firm at (215) 709-6940 for your free case evaluation.
What Do You Need to Prove in a Slip and Fall Case?
To win your case, our slip and fall lawyers will have to prove the following elements:
Duty
First, we must show that the defendant owed you a legal duty. This might be different depending on why you were there, with property owners often having a higher duty for business invitees than for people who are merely allowed to be on the property.
In any case, this usually requires them to warn of dangers, such as wet floors, or to repair or clean up the dangers, such as shoveling and salting the sidewalk in the winter.
Breach of Duty
Showing a breach of that duty requires showing that they failed to uphold the requirements. This could involve failing to warn of a spill or failing to promptly clear snow after a snowfall.
In most cases, you also have to prove that they knew about or should have known about the danger. E.g., if a store worker got a report of a spill, texted a coworker to mop it up, and then they both ignored the problem for an hour before you fell, they clearly had time to mop or put up a “Wet Floor” sign.
Causation
You must prove that the breach of duty was what caused your accident. Sometimes the fault actually lies with a different party – e.g., with a landlord instead of a renter – which can complicate cases.
Damages
You must also show that you suffered damages to sue for them. Injuries qualify.
Without actual harm, there is nothing to sue for.
What Evidence Do You Need?
Slip and fall cases are often built on a range of different types of evidence, including these possibilities.
Your Testimony
You typically know better than anyone what happened to you. Your story about the lead-up and aftermath of the accident will be vital to the story.
Other Witness Testimony
However, your word alone might not be enough proof for an insurance company or jury. If other witnesses agree with you, your case is even stronger.
If you were knocked out in the accident, you might need other testimony to fill in the gaps.
Medical Records
Your medical records can show what injuries you suffered and how severe they were. You might also need reports or testimony from doctors discussing how the injury affected your ability to work or perform daily activities.
Records of the Accident
If the store kept an accident report and records of who was working at the time, we can use that to help prove the accident happened and get witness names.
Security Video
If there was security video of the accident happening, we can demand a copy to use as evidence. This can come from a store or business’ security system, or even home security systems, doorbell cameras, etc.
Photos of Accident Scene
Photos of the accident scene might not capture the accident while it is happening, but they can show the spill or danger that caused you to slip or trip. For example, uneven tile, puddles, or black ice may be shown to the jury through photos.
Proof of Damages
You also need to prove your damages to show the amounts you are claiming in damages. This includes using financial records, medical bills, and proof of non-economic damages (e.g., testimony from yourself and your therapist).
How Long Do You Have to Sue for a Slip and Fall?
Pennsylvania law gives accident victims 2 years to sue for most accidents, including slip and falls.
Do You Sue or File Through Insurance?
In most cases, you will actually do both. Insurance claims might be available for accidents on someone else’s property. Businesses and homeowners typically have insurance to cover these kinds of accidents.
However, they might not pay without pressure. Filing a lawsuit pressures them to settle for a fair value. If they still refuse, we can fight the case at trial.
Can You Settle or Go to Trial?
In some cases, settlements will be enough for your case, but you should always consult with your lawyer. You may be able to get higher damages by going to court, especially if punitive damages are available.
Additionally, going to trial might be your only option if the insurance company denies your claim or refuses to pay the full amounts.
Is the Property Owner or Renter Responsible?
Dividing fault between the owner or renter of a property depends on the facts of the case and their lease agreement. Many properties, from apartments to houses to stores, are rented, so this is a common issue.
If there is no renter, the owner is at fault. If there is a renter, you have to check who is responsible for the specific area where the accident happened. For example, a parking lot at an apartment complex may be the apartment owner’s responsibility, while injuries inside a unit would be the renter’s responsibility.
What Do You Do if the Accident Was on Public Property?
Accidents in public might still be on private property. For example, a store is open to the public, but it is private property – so the store would be responsible. SEPTA stations seem public but are also owned by SEPTA, a company you can sue.
Accidents on truly public land, such as a park, might be the government’s fault.
There is one area in between: sidewalks are public, but the property owner is still responsible for clearing ice and snow.
Call Our Ardmore Slip and Fall Attorneys
For help with your potential case, call The Reiff Law Firm’s slip and fall lawyers at (215) 709-6940.
