If you slipped and fell, you may have damages you need compensated. Anything from medical bills and lost wages to pain and suffering from a slip and fall can result in damages. However, getting them paid in full can be a challenge.
Our lawyers focus our practice on getting damages paid for injured clients. We can demand payment from businesses, homeowners, and their insurance companies and, if they refuse to pay, take them to court.
Reach out to The Reiff Law Firm at (215) 709-6940 to get started with a free case review with our slip and fall lawyers.
Who is Responsible for a Slip and Fall?
Generally, fault lies with the person operating the property. This is traditionally supposed to be the property owner, but it may be a tenant or renter that operates the property instead.
Property Owner
In a house or a building owned by the business that operates there, the owner would be liable for most slip and fall accidents. It is typically on them to make sure their property is safe and well taken care of.
When a property is rented out, there are common areas on the property that the owner may still be responsible for, even if they rent out units. For example, the parking lot or sidewalk in an apartment complex, office complex, or shopping center might be the owner’s responsibility.
Tenant
If the property is rented, duties may fall on the tenant instead. In cases where the tenant rents the whole property – such as renting a house – they might be liable for all day-to-day upkeep, including clearing dangers, warning guests of hazards, and clearing ice and snow.
In cases where they only rent part of the property, they may still be liable for slip and falls inside their unit. For example, a store renting a commercial space could be liable for a slip and fall from a spill in an aisle; a tenant in an apartment could be liable for a slip and fall in their kitchen.
What if a Slip and Fall Happens in Public?
Accidents in public may make it more difficult to determine who is at fault, but our slip and fall lawyers can look into this issue.
Public Property
Purely public property – like a park, trail, or street – is often the government’s responsibility. There may be ways you can sue the government directly if they allowed a known hazard to linger in a dangerous way.
Sidewalks
Sidewalks may seem like public property, but they are usually the adjacent property owner’s responsibility. That makes a slip and fall outside a store or house the owner’s responsibility in many cases, especially if they left wet leaves or ice and snow out there too long.
Private Property Open to the Public
On private property that is open to the public, there is still a property owner or operator responsible for the accident. This covers most stores and businesses.
Can You Sue for Slip and Falls on SEPTA?
Often, yes. SEPTA is a business, and it owns its properties. This means falls from icy stairs at the train station or slip and falls in a wet train car or bus could be SEPTA’s responsibility.
What is an Invitee vs. a Licensee vs. a Trespasser?
Sometimes, the reason you are on the property changes how much work the defendant should have done to avoid an accident. If they have a heightened duty, then it is more likely they are responsible for your accident.
Invitee
Someone invited to the property for the owner’s benefit – like a business customer or a guest at a restaurant – is an invitee. Owners owe invitees a heightened duty to look for hidden dangers and warn the guest.
Licensee
If you are on someone’s property with their permission, but for your own benefit, you may be considered a licensee. For example, someone knocking doors or dropping something off at a neighbor’s house is allowed to be there, but was not specifically invited for the owner’s benefit.
Owners owe licensees a duty to warn about known dangers, but it is a lower duty. This is sometimes called “only the barest duty.”
Trespasser
Someone on the property illegally gets no affirmative duty. The owner only has to refrain from intentionally injuring them, e.g., by setting traps.
What is the Difference?
Questions about why you are there and what level of permission you had can totally change the case by changing what standard the defendant was supposed to meet. This is an important factor your lawyer should address, if it comes up.
How Do You Prove a Slip and Fall Case?
You need to prove that the property owner owed you a legal duty, and that they breached that duty, resulting in your fall. For example, if the floor was slippery in a grocery store, but they did not warn you, that would be their fault if you slipped in it.
Generally, this means you also need to prove that they knew about the danger and had a reasonable chance to clean it up or warn you. It also must be a danger that was not so obvious that you should have avoided it on your own.
Evidence Available
Evidence can include
- Your testimony
- Other witness testimony
- Security video
- Business logs and communications (e.g., texts between workers) showing they knew about the accident
- Medical records documenting your injuries
- Bills and financial records showing your expenses and damages
- And more.
Can You Sue for a Slip and Fall in a Store?
Often, yes. Stores typically have to look out for dangers and warn their guests. If you fell because they failed to clean properly, and you were legally present in the store, that is proper grounds for a slip and fall case.
Can You Sue for a Slip and Fall in a Parking Lot?
Often, you can sue for a parking lot slip and fall. If you were using the parking lot as a customer, the store or business might owe you a legal duty to keep the area clear of ice/snow and safe from black ice.
However, there are two possible complications. First, if the parking lot was owned by a different company or taken care of by the commercial landlord, you might sue them instead of the specific business or person you were visiting. Second, if you were just passing through, you might not be a customer, and the duty owed to you might be different.
Does Homeowners Insurance Cover Slip and Falls?
Often, yes. Ensuring coverage for a slip and fall or other property injury is one of the main reasons people get homeowners insurance.
How Long Do You Have to Sue?
Pennsylvania law typically gives victims 2 years to sue for slip and fall injuries.
Call Our Wayne Slip and Fall Lawyers Right Away
For help with your case, call (215) 709-6940 for a free case assessment with The Reiff Law Firm’s slip and fall lawyers.
