Slip and fall accidents can occur because of poorly maintained properties and problems with dangerous conditions. Property owners can be held responsible when a fall injury occurs on their premises. Victims of falls need to understand their rights and make an injury claim. The Pennsylvania slip and fall lawyers at KaplunMarx will help you understand these rights and get you the payment you deserve.
Let KaplunMarx help you, and remember, YOU PAY NOTHING until we win your case.
Pennsylvania Laws Dealing with Slip and Fall Accidents
When a fall down accident occurs, an injured party may pursue a claim for compensation if they can prove that the condition that caused them to fall should not have been there. Responsibility for the area could be on the owner of the property where the fall took place, a renter (i.e. commercial tenant) and/or both. Renters of residential housing are typically responsible for conditions within their own units, although landlords have to make repairs when problems are reported.
To pursue legal action against someone for a slip and fall accident, a victim must establish:
- The duty of care owed by the owner or renter.
- Unreasonable negligence from the owner (or renter) and a failure to fulfill responsibilities to maintain a safe indoor and outdoor space.
- That the negligence of the owner or renter was the direct cause of the fall injuries
- That the slip and fall actually caused damage to occur, for which the victim may be compensated.
A body of laws called premises liability laws apply to Philadelphia slip and fall accidents. These laws categorize visitors into different groups based on why they were in a particular place when their fall happened. A property owner has a different obligation to different types of visitors. A Philadelphia slip and fall lawyer can help you to understand how premises liability laws will apply to your claim.
Settlement of Your Slip and Fall Claim
In order to obtain compensation for a slip and fall, we will work on your personal injury case. This means either by negotiating a top dollar settlement for your case or filing a lawsuit on your behalf. We are a slip and fall lawyers that negotiate high dollar figures, but are never afraid to take on the biggest insurance companies at trial.
DO NOT say anything or sign anything from an insurance company after a car accident. ALWAYS TALK TO A LAWYER FIRST!
Remember, the burden of proving liability and demonstrating damages to a jury is on the Plaintiff (You), and that is exactly why you need the Philadelphia slip and fall law firm of KaplunMarx. Our lawyers will obtain a variety of different types of evidence to make your case including maintenance records; witness testimony; expert testimony; police reports; and photographs from the area where the fall took place. By doing the work we get top dollar for our clients slip and fall cases.
Compensation for a Slip and Fall Accident
Damages that a Slip & Fall victim and possibly the victim’s family may be entitled to recover include:
- Medical expenses
- Loss of earnings, including future lost earnings
- Pain and suffering
- Emotional distress
- And in the worst case scenario, loss of love and companionship
Falls are a leading cause of spinal cord damage and traumatic brain injury. Your damages may be very significant and you should ensure you get the money you need to move on with your life after a fall.
What Obligation Did a Property Owner Have to You?
When you visit a property, you will be classified either as an invitee, a licensee, or a trespasser. The classification matters, because it impacts the obligations of the property owner. You may need to prove what category you fall into as the first step in making a slip and fall claim.
- Invitees are people who went to a property to do business with the owner/occupier. If you go to a store, a restaurant or a hotel, you are an invitee. The property owner owes you the highest duty of care.
- Licensees are people who went to a property for the mutual benefit of the owner and visitor. If you go to a friend’s home or a neighbor’s house, you usually will be classified as a licensee. You are owed an intermediate duty of care.
- Trespassers go to a property without permission. Even if you are trespassing, a property owner may have a limited duty to you. You could still pursue a slip and fall claim against a property owner under certain circumstances as a trespasser.
There are situations where it is not clear what group you fall into. For example, if you visit a neighbor’s home because you were invited to a tupperware party so the owner could sell you tupperware, there is an argument to be made that the homeowner owed you a higher duty of care than if you were a casual visitor.
Your slip and fall lawyer in Philadelphia can help you to establish what a property owner or renter’s obligations where to you. This matters because once you’ve shown what duty was owed to you, you can prove that the owner or renter breached that duty and should thus be held responsible for all losses you experienced due to a fall.
How Soon Should You Call A Lawyer After A Slip And Fall Accident?
The simple truth, after a slip and fall accident, time is your enemy. Evidence, such as poorly maintained surfaces, loose tiles or video, can be lost, witnesses forget what happened or can’t be found and insurance companies will try and pin you down for a statement. The sooner you contact us, the better – important physical evidence can be lost, and witnesses may become hard to find.
DON’T LOSE OUT. Talk to a lawyer as soon as possible
Common Causes of Slip and Fall Accidents in Pennsylvania
There are many different causes of slip and fall accidents that a property owner could potentially be held responsible for. These can include:
- Poor lighting conditions
- Broken staircases
- Poorly marked steps
- Changes in flooring surface
You need to show that these or other unsafe conditions on the property were the cause of your fall. You also need to show that the property owner should have either corrected the conditions or warned you about them, this is called Notice, one of the most important parts of any slip and fall claim. An attorney will help you to understand what you must prove to recover slip and fall compensation and will help you to gather the evidence you need.
How A Pennsylvania Slip and Fall Lawyer Can Help You
Slip and fall claims can be very complicated and you need to know how the laws of Pennsylvania apply to your case. Your attorney can help you in a number of important ways including:
- Identifying who to pursue legal action against (owners, renters, landlords or other responsible parties)
- Gathering evidence, interviewing witnesses, hiring experts to testify for you
- Negotiating with an insurance company
- Filing a personal injury lawsuit
- Going to trial in your personal injury case
Unlike other Philadelphia personal injury law firms, with lots of attorneys and paralegals handling different aspects of your case, at KaplunMarx – Attorneys Ted Kaplun and Jonathan Marx will be personally involved in your slip and fall case from start to finish. Our lawyers will provide you with the one-on-one attention that we believe that every client and case deserve.
If you cannot come to our office, we can come to you. We always handle slip & fall accident cases on a contingency fee basis, so there is NEVER A FEE UNLESS WE WIN YOUR CASE.
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Our firm is consistently chosen for slip and fall accidents throughout the state of Pennsylvania. Here are a few reasons why:
- Personal Service – Speak to Your lawyer, not an assistant; we are always available to personally go over your case and answer any questions.
- Knowledge – The Personal Injury Lawyers at KaplunMarx have a vast knowledge of the law and all of the insurance company tricks, we use our experience to get you maximum dollars for your case.
- Results – The lawyers at KaplunMarx have gotten Millions of $$$ in awards for our personal injury clients. Bottom line, we look to get top dollar for all of our injury clients; don’t take our word for it – check out what our clients have to say about our Law Firm for yourself.
We help Slip and Fall Accident victims throughout Pennsylvania 24/7, we are always there to help.