(235+)Each year, millions of Americans seek medical treatment for injuries they have suffered in a fall.
If you have been injured in a slip and fall, you may be entitled to financial compensation if someone else is to blame for your accident. But first, you may need to go up against the insurance company before you receive a settlement check. The experienced Philadelphia slip and fall accident attorneys at Gibbons & Crichton, Personal Injury & Accident Lawyers are here to fight for you.
Top Reasons for Slip and Fall Accidents in Pennsylvania
Slip and fall accidents can occur suddenly and may change the course of your life. All it takes is one bad step over a dangerous surface for you to suffer a serious fall. Although the insurance company will look to place blame on you by claiming carelessness, in many cases, it is their policyholder who is responsible for such incidents.
Causes of slip and fall accidents in Pennsylvania often include:
- Broken or cracked flooring
- Wires running across the floor
- Loose strings protruding from the carpet
- Debris left in the walking path
- Slippery substances spilled on the floor
- Moisture tracked inside without being properly cleaned
- Missing or broken handrails
Winter Slip and Fall Accidents in Pennsylvania
Many slip and fall accidents occur outside, and property owners are responsible for both inside and outside of their premises. Pennsylvania slip and fall accidents often occur in the winter months, when pedestrians face increased risks, with sidewalks and parking lots that have not been promptly cleared of snow and ice. The property owner has a legal obligation to clear their property within a reasonable amount of time if it is anticipated that anyone will be on their premises. However, some may delay or fail to properly clear their property of hazards.
Preventing Slip and Fall Accidents in Pennsylvania
The property owner has the legal obligation to preserve and protect your safety. Regular maintenance and inspections should detect anything that could endanger others.
Property owners also need to be vigilant when they learn of any potential dangers, such as spills. What they did and what they knew will be important in any claim. If they receive notice of a spill or a dangerous condition, they must take prompt action to fix it. What may be considered prompt depends on the facts and circumstances of your case.
Of course, you also need to use reasonable care when walking. The insurance company will focus on any role that you may have played in the accident. Victim blaming is one of the most common tactics used to try to reduce the size of or eliminate your compensation. If there is witness testimony or video camera footage that may have shown that you were on your phone or running at the time of your fall, it could complicate your legal case.
Legal Responsibilities for Slip and Fall Cases
If you have been injured in a slip and fall accident, the property owner, or the entity that was in control of the property, would be the one legally responsible for your injury. You establish a legal right to financial compensation when you can show that these responsible parties were negligent.
While the property owner does not have an absolute responsibility to guarantee your safety when you are on their premises, they do have an application to use reasonable care to keep you safe. Not all slip and fall accidents can be prevented, although most of them can be avoided.
You can prove negligence in a slip and fall claim in one of two ways:
- Showing that the property owner created the dangerous conditions themselves
- Proving that the property owner did not take any steps to remedy the condition within a reasonable amount of time after they knew or should have known about it
It is not easy to prove negligence in a slip and fall case. The insurance company will likely deny the claim unless you present persuasive evidence that their policyholder was to blame for the accident. An experienced attorney can help gather this evidence, both after the accident and during litigation.
You must secure legal support as soon as possible after your slip and fall accident. The evidence you need to prove your case may only be available to you for a short amount of time.
If the proof is in the hands of the defendant, you would need to obtain it through the course of litigation when you request the material in discovery.
Contact a Pennsylvania Slip and Fall Accident Lawyer Today
If you have been injured in a slip and fall accident, don’t delay getting legal help. The experienced slip and fall accident lawyers at Gibbons & Crichton can launch a prompt investigation of your accident and begin to assemble the case to prove that someone else should be held responsible. You can message us through our website or call us today at 215-274-0173 to begin the legal process to obtain compensation for your fall.
