Farmers markets can be a fun way to spend your morning or afternoon. There may be numerous vendors selling produce, artisan wares, and more. However, accidents can happen anywhere, including farmers markets. If you are hurt while enjoying a farmers market, contact an attorney for legal help.
Numerous people might be held responsible for an accident at a farmers market. For example, market vendors, the market organizers, and even drivers and other attendees may be liable for your injuries. In some cases, multiple people contributed to the accident, and you may include as many defendants as you believe are necessary. Regardless of whom you sue, we need evidence to support your claims. Security camera videos, witness testimony, and evidence uncovered by the authorities may be helpful.
Start your case with a free review from our Philadelphia, PA personal injury lawyers by calling The Reiff Law Firm at (215) 709-6940.
Who is Responsible for Injuries at a Farmers Market?
The person or people responsible for an accident at a farmers market largely depends on how the accident happened and who was present.
Market Vendors
In many cases, market vendors are responsible for accidents. Depending on the type of goods they are selling, vendors may have appliances or equipment that can be dangerous if used improperly. For example, a vendor selling hot chocolate or coffee might have scalding hot warming devices that could cause severe burns in an accident.
Market Organizers
In other cases, accidents happen because the organizers of the farmers market did not take the necessary precautions to ensure the safety of patrons. For example, the market might be set up so that there are very few entrances and exits. If the market becomes too crowded, people may be unable to leave without injuring one another. Crowd control is an important safety concern that organizers must consider.
Drivers
Many farmers markets are in busy town centers, parking lots, and streets that see a lot of traffic. Often, farmers markets must have barriers set up so that cars do not drive through. Negligent drivers might ignore signs and barriers and end up driving through the market, injuring many people. This has happened before, and the driver may be held liable.
Can I Sue Multiple People for Injuries at a Farmers Market in Pennsylvania?
Some cases involve more than one person or entity that is responsible. While you may sue more than one defendant, how they pay for damages may vary.
Under 42 Pa.C.S. § 7102(b), liability is generally several and not joint, meaning each defendant is responsible for paying only their share of the damages. Their share of damages is based on their share of fault for the overall accident, usually expressed as a percentage.
However, under subsection (c), a defendant may be held jointly liable for the damages under specific conditions. If a defendant is jointly liable, they may be responsible for paying the total amount of damages even though they are not responsible for 100% of the accident.
This may only apply if the defendant committed an intentional tort (e.g., assault and battery), intentionally misrepresented something, is responsible for at least 60% of the total liability, or has released or threatened to release a hazardous substance.
How to Prove Liability for Injuries at a Pennsylvania Farmers Market
To prove that the defendant is responsible for your injuries, our Manayunk, PA personal injury lawyers need strong evidence from the accident.
Security Footage
We should check for security cameras that might have been in the area during the accident. Nearby businesses or even cameras set up by vendors might have recorded the accident. This may indicate how a vendor, driver, or someone else caused the accident.
Witness Testimony
Witnesses may be a huge component of your case. Farmers markets can get quite crowded at times, and there is a strong possibility that many other people saw you get hurt. Multiple witnesses might have already come forward to speak to the police.
Records and Incident Reports
Records from the organizers of the farmers market may shed light on things like safety rules and whether steps were taken to prevent accidents from happening. We may request copies of records and incident reports during the discovery process.
What if I Do Not Know Who is Responsible for an Accident at a Farmers Market?
If you are unsure who is responsible for the accident, we may need to rely on the authorities and conduct our own investigation.
The police or other government officials (e.g., food safety officials) may need to investigate, especially if the accident was severe and multiple people were injured. When the investigation is complete, we can review the police reports to see if they uncovered any evidence we might not have considered.
Your attorney may also help you investigate. As the police conduct their own investigation, your attorney may contact potential witnesses or businesses with security cameras to try to determine who is responsible.
Can I Sue for a Farmers Market Accident if I am Partially Responsible?
It is possible that you contributed to the accident in some way. Even if your contribution was only minor, the defense may use it to reduce their own liability. Even so, you may still sue.
According to 42 Pa.C.S. § 7102(a), Pennsylvania’s modified comparative negligence law may determine how much liability, if any, you share. If you are partially responsible, your damages may be reduced in proportion to your share of liability. If you are deemed 15% responsible, you may lose 15% of your overall damages.
If you are more than 50% responsible, you may be barred from recovering any damages.
What to Do if You Are Hurt at a Farmers Market?
If you are injured in an accident at a farmers market, remain calm and call for help. If you are too badly injured to call 911 on your own, someone else at the market should do so for you. Again, farmers markets often get crowded, and there may be numerous other people around to help.
Call 911
Speak to the police about what happened. You might talk to them while you wait for an ambulance or before someone drives you to the hospital. Alternatively, you might go to the hospital first and talk to the police later. Either way, be sure to speak to law enforcement and tell them everything you remember.
Call a Lawyer
Finally, you should call a lawyer for help as soon as possible. Your injuries and other damages might be very costly, and an attorney can help you sue those responsible and get you fair financial compensation.
Get Help Now from Our Pennsylvania Personal Injury Lawyers
Start your case with a free review from our Upper Darby, PA personal injury lawyers by calling The Reiff Law Firm at (215) 709-6940.
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