Who Is Legally At Fault For a Slip and Fall Injury in Pennsylvania?

Categorized: General

Who Is Legally At Fault For a Slip and Fall Injury in Pennsylvania?

Premises liability rules set out the parameters for who is legally at fault for a slip and fall injury in Pennsylvania. If you fell on someone else’s property and suffered an injury, you could be eligible to recover damages from the property owner or manager.

That said, Pennsylvania’s laws are unique, and you should prepare yourself for some of the roadblocks you might face as you pursue compensation. A slip and fall accident lawyer in Pennsylvania can evaluate your case, gather evidence, and help you put together a strong claim that demonstrates the other party’s liability. The slip and fall lawyers at Cordisco & Saile LLC offer free case evaluations where you can have all your questions answered and receive advice on your legal options. To schedule an appointment, call 215-642-2335 today.

When Is a Property Owner or Manager Liable for My Slip and Fall Injury in Pennsylvania?

To hold a property owner or manager liable for your slip and fall injury in Pennsylvania, you must demonstrate four conditions to be true:

  • You were an invited guest to the property;
  • The property featured a hazard or danger the owner failed to protect you from or warn you about;
  • You suffered an injury as a result of the hazard or danger; and
  • Your injury caused you to incur economic or non-economic damages.

If we can prove that these four conditions were true, you likely have a valid slip and fall case.

Who Is Considered an Invited Guest?

Premises liability typically only applies to licensees and invitees, not trespassers. In other words, if you had a right to be on the property where your injury occurred, you should qualify for compensation.

If your injury occurred at a business open to the public, such as a department store or grocery store, you had a right to be there. If your fall occurred on someone’s private property, we must present evidence showing you were a guest and not a trespasser.

Property Owners Do Not Have a Duty of Care to Trespassers

Pennsylvania property owners do not have a duty of care to trespassers.

At the same time, they may not take intentional action to cause injury to uninvited guests, such as rigging their property with booby traps. If someone’s property features an attractive nuisance, which is a potentially hazardous item that might entice people onto the property, the owner might be liable for injuries that occur. Common examples of attractive nuisances include:

  • Swimming pools; and
  • Trampolines.

If you were injured while trespassing, contact us immediately. We might still be able to recover damages for your injuries.

What Are Property Owners’ Responsibilities When It Comes to Hazards?

Property owners must protect visitors and guests from hazards on their property. If a dangerous situation emerges, the property owner must remedy it promptly. If it will take time to fix the problem, the property owner must take steps to shield guests from it and warn them of its existence. They could accomplish this by:

  • Roping the area off;
  • Erecting other physical barriers; or
  • Posting clear and conspicuous signage alerting people to the hazard.

To prove that the property owner failed to protect you from a hazard, we rely on evidence like photos, video surveillance, witness statements, and testimony from accident reconstruction specialists.

How Can I Prove the Property Hazard Caused My Injury?

One of the most important steps in building a successful slip and fall injury case is the establishing a connection between the property hazard and your injury. To hold the owner legally at fault, we must show the hazard caused your injury, and leave no room for the other side to argue that your injury might have been the result of something else.

That is why it is essential to seek medical attention as soon as possible after your accident. Not only does this allow you to get the treatment you might need, but it provides crucial evidence that your fall caused your injury.

What Damages Can I Recover After a Slip and Fall Accident in Pennsylvania?

Before we can recover compensation for your losses, we must point to actual damages that you incurred due to your injury. These losses can be economic or non-economic.

Economic Damages

Economic damages refer to those we can quantify in dollar terms, such as medical bills and lost wages. Economic damages are areas where you suffered an actual monetary loss.

Non-Economic Damages

Non-economic damages are more subjective. They include pain and suffering and emotional anguish. Even though you will never receive a bill with a specific dollar sum for these damages, you can seek compensation for them from the responsible party.

Our attorneys can determine how much compensation you could receive based on the specifics of your case.

How Can I Speak With a Lawyer About My Slip and Fall Claim?

The Cordisco & Saile LLC team fights for the rights of clients injured in Pennsylvania slip and fall accidents. We want to help you get the compensation you deserve. To schedule a free case evaluation with a member of our team, call our office today at 215-642-2335.

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