Slip and fall accidents are unfortunately common. They can happen to anyone and occur without warning. Whether it is a wet floor, uneven pavement, or debris on the ground, a fall may result in serious injuries that can impact your quality of life. When you or a family member suffers an injury from a tripping accident, speak to an Allentown slip and fall lawyer to find out if you could seek compensation for your injuries.
Our personal injury attorneys have a wealth of experience helping people recover damages after a slip and fall. You only have a limited time to act. Put us to work for you.
State law requires property owners to maintain their property in a safe condition. The duty to keep a property safe applies to businesses and private residences. Depending on the circumstances, it may even apply to government agencies, landlords, property managers, and contractors.
The extent of the duty owed to others on one’s property varies based on the reason for the visit. Generally, owners must remove hazardous conditions and warn visitors of dangerous situations they cannot remedy immediately. These conditions may include apparent dangers such as icy sidewalks, unstable banisters, and unsafe stairs, as well as poor lighting, clutter, and wet floors.
Property owners may face liability for any injuries that occur when they fail to meet this requirement. For example, when a person slips and falls due to an unsafe or defective condition, they may seek compensation for their losses by filing a lawsuit with the help of a lawyer in Allentown.
Some of the most common injuries from a slip and fall include the following:
When a person sustains harm after a fall, they should seek medical attention, even if they do not believe they are seriously injured. Some injuries can take days or even weeks to appear.
When the incident occurred at a business, file an incident report with that establishment and keep a copy. If any witnesses were present, ask them for their names, contact information, and a brief description of what they saw. Take photographs of the entire scene. Finally, speak to a slip, trip, and fall attorney in Allentown about legal options.
Premises liability laws govern injury claims resulting from someone suffering harm in an accident, including slipping and falling, on someone else’s property because of an unsafe or defective condition. The suits fall within negligence legislation, requiring you to prove fault by showing that the property owner or occupier was careless and therefore is liable for your damages and losses. Proving fault requires showing the court that they owed a duty of care based on the reason you were there, called the visitor status, at the time of the incident.
The person responsible for the maintenance and upkeep owes those entering for business purposes, called invitees, the highest level of care and must identify potential hazards, fix them, and warn of dangers until they are corrected. You fall within this group if you entered for business purposes, such as a customer in a grocery store or mall, or a tenant in an apartment building. The second group, called licensees, are social guests, and the landowner owes a lower duty, but must inspect and warn of dangerous conditions.
There is no legal responsibility to repair defects or to warn trespassers who enter unlawfully. Still, they cannot purposely create a dangerous condition, such as a booby trap, to punish them for entering. There is an exception to that rule, called the attractive nuisance doctrine, for children who enter an ungated premises to reach a dangerous condition, such as a pool, which leads to severe injuries. Our seasoned Allentown slip and fall attorney could review your case and answer specific questions.
Winning an award for damages caused by a property owner’s negligence requires complying with the statutes, such as the strict deadline imposed by the statute of limitations. While some exceptions and extensions of time may be available, the civil statute limits the time for filing cases within the premises liability category to two years. The time begins on the date of your accident, and failing to adhere to the requirement often means losing eligibility to obtain a settlement from the responsible party.
It is relatively common for the court to find that the plaintiff or another party is partly at fault for the accident. When that occurs, they apply the legal principle of modified comparative negligence. Under 42 Pennsylvania Consolidated Statutes § 7102, if they find you share liability, they will reduce the recovery amount by your percentage of fault as long as the defendant is mostly responsible.
However, if they find that you are over 50 percent at fault, they will dismiss the case, barring any recovery of monetary damages. That means building a solid claim that clearly shows the extent of the landowner’s negligence is crucial for obtaining the maximum potential settlement amount.
Understanding the special considerations for claims arising from slips and falls or other premises liability accidents is vital. When ice or snow is involved, your case must prove that uneven and accumulated snow or ice, called “hills and ridges,” existed long enough for the defendant to notice and remedy the hazard.
Also, dangerous conditions that are open and obvious could reduce the award or eliminate liability, as visitors also have a duty to watch out and keep themselves safe. Our skilled slip and fall lawyer in Allentown could handle the legal work to ensure compliance and help you each step of the way.
Under state law, a person could file a personal injury lawsuit after a slip and fall. The suit could request monetary compensation for their damages. Compensation for lost wages, medical bills, prescriptions, pain and suffering, and emotional distress are standard.
Speaking to an experienced slip, trip, and fall lawyer in Allentown is the best method to understand the compensation a person may receive, the strength of their case, and the steps involved in the process.
Generally, an injured person has two years from the accident date to file a lawsuit. Several factors can either extend or reduce this time frame. Failing to file a lawsuit in the allotted time may permanently prevent the person from seeking compensation for their injuries.
Our skilled Allentown slip and fall lawyers understand the financial strain and physical stress accompanying these accidents. We are here to fight for you. These claims have complexities you should not handle on your own. Call us today to schedule an initial consultation.
