Slip and fall is a personal injury claim based on a person slipping, tripping or falling due to a hazardous or dangerous condition on someone else’s property. It is a tort, and based on a claim that the property owner was careless in allowing a dangerous condition to exist that caused the fall. This negligence includes falls as a result of water, ice or snow, as well as a wet floor, defective stairs, a rough patch of ground, poor lighting, or a hidden hazard, such as a gap or hole in the ground. Slip and fall accidents can happen anywhere: large stores, supermarkets, hotels, apartments or, unfortunately, even at a friend’s house.
Accidents like these do not always result in just an injury, but can result in death.
In 2014, there were 72 fatal work injuries recorded in Philadelphia. In 2014, the Philadelphia was ranked with the sixth-largest population in the country and also placed sixth in the number of work-related fatalities among the 10 largest metropolitan statistical areas in the United States. (Stats provided by Bureau of Labor Statistics)
Responsibility
A property owner isn’t always responsible for someone slipping or falling on something on his or her property that an ordinary person should expect to find there or should see and avoid. We all have an obligation to watch where we’re going. However, property owners do need to be careful in keeping up their property. Unfortunately, oftentimes property owners don’t see or even care about their own responsibilities. In order to determine liability, the injured party will often seek the advice of an attorney who is trained in such cases.
Compensation
If you have been injured in a slip and fall accident, you may be entitled to collect compensation for the damages and costs associated with your injuries. You can file a claim or lawsuit for a slip and fall accident, however, you will need to be prepared to present evidence from the scene that shows the owner of the property knew about, or should have known about, a condition that caused your injury.
Negligence
In order for the property owner to be held negligent and therefore, liable for damages, they must have failed to act as a responsible party under circumstances leading up to the accident. Was poor lighting the cause of the accident? Could preventative measure have been taken such as moving an object before someone got hurt on it? There are many factors to take into consideration and they must be proven in order for the case to have any claim. Then you also have to prove that you didn’t intentionally cause the accident If the defense can show that you, the plaintiff, likely caused the accident through your own carelessness, winning an injury claim becomes highly unlikely.
If you have such evidence of negligence, your next step is to find a personal injury lawyer who can represent you. They will make sure your accident was through no fault of your own but of the property owner and will go ahead and pursue the claim. An experienced personal injury attorney is crucial to receiving compensation you may be owed.
Filing a slip and fall claim can be a difficult and frustrating process that is made easier by the assistance of an attorney. Martins Mill Legal Center can answer your questions and help determine if you have a case worth pursuing. We are highly trained in such personal injury cases and can help you determine what your next steps should be.