A bad slip or trip could lead to serious injuries. While some people are only a little embarrassed after a fall, others are far less fortunate. If you were hurt in a slip and fall accident, our legal team can help you get fair financial compensation.
Generally, property owners may be held liable for slip and fall accidents under Pennsylvania’s premises liability laws. Property owners, businesses, and even tenants or renters have a legal duty to make sure that the premises are safe for others. Failing to maintain the property may expose the property owner to liability for a slip and fall accident. Your damages may be worth more than you think, and you should review them with a lawyer as soon as possible.
Ask our slip and fall accident attorneys for a free, private legal assessment by calling The Reiff Law Firm at (215) 709-6940.
Who is Responsible for Slip and Fall Accidents?
When slip and fall accidents occur because of dangerous property conditions, the person, people, or business that owns the property may be held responsible.
Property Owners
You can sue private property owners if you slipped and fell because they failed to maintain their property for others’ safety. Property owners owe a duty of care to any guests they directly invite to their property and to guests they may not invite but reasonably expect to show up.
Remember, the person occupying the property might not be the owner. In some cases, victims sue landlords if they fall because common areas of an apartment building are unsafe.
Businesses
If your accident occurred inside a store or business, that business may be held legally responsible for your damages. This often happens when dangerous conditions (e.g., a wet floor or a spill) are not removed, and patrons are not adequately warned about the risk.
Renters and Tenants
While property owners are often responsible for unsafe premises, renters and tenants may also be held responsible, depending on the circumstances. For example, a slip and fall in a common stairwell in an apartment building is the landlord’s problem. However, if you fall inside a tenant’s apartment, the tenant might be legally responsible, depending on the nature of the unsafe conditions.
Can You Sue for a Slip and Fall Accident if You Were Trespassing?
Generally, no. Property owners do not owe a duty of care to unknown trespassers. For example, if you take a shortcut across a neighbor’s yard and slip and fall and break your ankle because of an unseen hole in their yard, you likely cannot sue them.
However, if the property owner knows about trespassers – perhaps because they trespass frequently – they may still owe a duty of care. So, if you regularly take this shortcut and your neighbor knows but does not stop you, we may still argue that they should be held liable.
What if Property Owners Post Warnings About Unsafe Conditions?
Warnings can negate liability, but only if they are sufficient. If warning signs were posted but were not clearly visible, were vague, confusing, or otherwise insufficient to prevent the accident, the property owner may still be held liable.
How to Prove Fault in a Slip and Fall Accident in Broomall
Proving fault requires evidence, which can be difficult to obtain in some cases.
Witnesses
If other people saw you fall or have other personal knowledge about the unsafe conditions that caused you to fall, our slip and fall accident lawyers may call upon them to testify. This may include eyewitnesses who saw the accident unfold and people close to the defendant who know about the unsafe conditions, such as employees working for a negligent business.
Photos and Videos
Photos and videos from the accident scene may be our only evidence of the unsafe conditions. Property owners often clean up the accident scene and remove the hazards that caused the accident, but your photos and any security camera videos may still show the unsafe conditions.
Medical Records
We need evidence of your injuries and medical costs, and we can use copies of your medical records related to your injuries as proof. We should speak to your doctors about obtaining copies of these records right away, as it may take time for hospital staff to compile them.
How Can We Get Evidence the Defendant Controls in a Slip and Fall Case?
Some evidence may be under the defendant’s control, such as business records about property maintenance or security camera footage. We may obtain this evidence during the discovery phase, when each side must exchange relevant evidence. If the defense does not produce the evidence we ask for, we can ask the court to order them to do so.
Claiming Economic Losses in a Slip and Fall Lawsuit
Your economic damages should reflect all the ways in which you lost money as a direct result of the slip and fall accident. This should include, but may not be limited to…
- Medical bills
- Lost income if you cannot work due to your injuries
- Loss of earning capacity (in cases of long-term disability)
Damages for Pain and Suffering in a Slip and Fall Case
Non-economic damages, such as pain and suffering, are unique to each plaintiff and can be challenging to prove as they are inherently subjective. Even so, you may claim non-economic damages for the pain and suffering you experienced. This may include physical pain, mental distress, and the humiliation of the accident, among other painful experiences.
Should You Call 911 After a Slip and Fall Accident?
If you cannot move after falling, call 911 and get help. Always err on the side of caution when it comes to physical injuries and call for emergency help.
If you can get up on your own, you might not need emergency assistance, but you should have someone take you to the emergency room immediately. Do not wait to get medical care, as any gap in time between the accident and when you initially receive treatment may be used against you in a lawsuit.
Contact Our Slip and Fall Accident Attorneys in Broomall for Legal Help Today
Ask our slip and fall accident attorneys for a free, private legal assessment by calling The Reiff Law Firm at (215) 709-6940.
