A slip and fall accident can cause a broad range of injuries, from minor sprains and bruises to more severe injuries, such as head trauma and fractures. One little slip can cause scary and debilitating long-term repercussions.
The costs of being hurt in a slip and fall can accumulate quickly, too. You’ll have medical bills, miss time from work, and might have to deal with a reduced earning capacity. So, the question is: do you qualify to file a lawsuit so you can recover damages from a premises liability claim?
Elements Needed for a Valid Slip and Fall Case
Slip and fall claims and lawsuits fall under an area of the law referred to as premises liability. Under the law, property owners have a duty to keep their premises reasonably safe so that visitors aren’t injured. If there is a hazard (a freshly waxed floor), the owner must either amend it (dry it) or adequately warn visitors of the danger (put up highly visible wet floor signs).
There are four essential elements needed to bring a slip and fall claim. If you and your lawyer can prove the following, you most likely have a valid case worth pursuing.
- Duty of care: The owner of the property where you fell owed you a duty of care. This element is relatively easy to establish. If you were visiting a friend, making a delivery, or at a place of business, you’re likely covered. This element only becomes an issue if you were doing something illegal or trespassing – in which case, the owner owed you no duty of care.
- Breach of duty: The owner failed to uphold the duty of care, i.e., they were negligent.
- Causation: Your slip and fall accident and injuries were the results of the owner’s negligence. In other words, you would not have been injured had it not been for the owner’s actions. A common myth about slip and fall claims is that all injuries justify a claim: not true. Contact a slip and fall attorney to see if the owner’s action (or inaction) can be considered a component in your claim.
- Damages: You sustained actual injuries as a result of the accident.
Compensable Damages You Can Collect
If you do qualify to file a premises liability lawsuit, you can pursue compensation for all injury-related expenses and harms you’ve suffered.
- Current and future medical bills
- Prescriptions, surgeries, medical aides, and other related expenses
- Transportation costs for medical appointments
- Lost wages and future lost wages
- Disability and lost earning capacity
- Pain and suffering
- The effect of the accident on your relationships and well-being
Free Consult with a Slip and Fall Attorney in Pennsylvania
The best way to determine whether or not you have a legal suit is to have an attorney review your case. For a free legal consultation with a slip and fall lawyer in Pennsylvania, call Cordisco & Saile LLC today at 215-642-2335.