Pennsylvania’s Laws That You Should Know When You Are Involved in a Slip-And-Fall Incidents
Each year, many people in Pennsylvania are hurt after slipping, stumbling, or falling. When a slip accident occurs on someone else’s property caused by the owner’s negligence, the injured person can file a personal injury lawsuit for damages against the owner.
You might be considering submitting a claim if you were injured in a slip-and-fall accident on another person’s or entity’s property. People who have been harmed in these events frequently ask about the process and how long their claims would take to resolve.
This guide covers what you should know about the procedure to give you a better idea of what to expect.
If you need help with a slip and fall accident or these slip and fall injuries, do not hesitate to contact our slip and fall lawyer team today. We have helped various clients with their slip and fall lawsuit cases to ensure that they could obtain compensation for their medical bills.
Our slip and fall attorneys are here to provide you with a free consultation when these slip and fall accidents occur in Pennsylvania.
Claims of Slip-and-Fall Accident
Personal injury claims include slips, trips, and falls. When personal injuries happen on someone else’s property, the legal practice referred to as “premises liability” is used to assess such accidents. Premises liability determines whether the property owner or a representative of the property owner is to blame for your injury. In cases where unsafe conditions cause injuries, this idea is applied.
Property owners are supposed to maintain their property with reasonable care so that visitors are safe. Not all guests, however, are equally safe. Visitors with authorization to be on the property would be subject to a duty of care, but not those who trespassed(visitors who enter restricted or closed areas).
The events that lead up to the slip, trip, and fall are also important. These include ice walks and uneven or damaged pavement outdoors. Inside, it could be a wet or oily floor, uneven flooring, or unsecured carpet. You also might trip over hidden extension cords or something that has been left on the floor.
These conditions, such as ice in cold weather or wet flooring after cleaning, are common. To be legally accountable, the property owner must be held responsible for one of the following:
- Caused the hazard, e.g., spilling oil, water, or other liquid on the floor;
- Knew about the danger yet failed to address it, e.g., neglecting to de-ice a sidewalk leading to the property;
Whether you file an insurance claim or submit an insurance claim, your case will most probably be influenced by various Pennsylvania laws and legal procedures. For example, the “shared fault” rule may reduce your compensation if you hold some blame for the accident.
If you have any further questions about this aspect and have sustained a fall injury, reach out to our team for a free consultation.
The Slip and Fall Statute of Limitations
The Statute of limitations reduces the time you have to file a case in the State’s civil court system.
It states that “an action to recover damages for injuries to the person or death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another” must be filed between two years.
Section 5524 covers “proceedings for detaining, harming, or taking personal property, including actions for specific recovery.” So, in the rare instance when the slip and fall solely caused property damage (for example, if you were uninjured but damaged a valuable item), any lawsuit demanding the repair or replacement of the damaged item must be filed within two years its occurrence.
If you’re convinced that your injury claim will be settled out of court, give yourself time to file the slip and fall case. Maintaining the possibility of proceeding to court will, at the very least, give you more negotiating power during settlement talks.
Comparative Negligence in Slip and Fall Cases
If you want to file a claim after a slip and fall, you should expect strong opposition from the defendant. The defendant is likely to argue that you’re partly to blame for the accident.
If you’re found negligent in connection with your slip and fall, any settlement or court award you receive will be much lesser than it should have been. In this case, it is also possible that you get no compensation.
Suppose your Pennsylvania slip and fall case gets to court. Then the State’s “modified comparative negligence” law determines your compensation or if you receive any from the property owner. The more negligence the jury finds on your path, the less compensation you are likely to get. In other words, any damages awarded by the court will be lowered by the percentage of fault determined to be yours.
It’s vital to understand that if you’re found to be more than 50% at blame for the accident, you won’t be getting any compensation from the property owner or anyone else under Pennsylvania law.
Work with Our Legal Professionals at JP Ward for Your Injury Claim
We understand that you may face onerous medical bills and lost wages from your serious injuries, and our team at JP Ward is here to assist you with the aftermath of your slip and fall incident.
If you or a loved one has been seriously injured due to someone else’s negligence, Pennsylvania law allows you to ask for compensation for your losses. You can claim or file a lawsuit against the responsible party, demonstrating culpability and the magnitude of your losses and possibly winning a settlement judgment to compensate you for your losses.
The initial step is to speak with a local attorney at JP Ward who specializes in premises liability matters.
The attorney will be able to examine the accident, identify the roles or responsibilities of all parties involved, and then explain the best course of legal action to take. You might potentially pursue legal action with the advice of an attorney if the property management/owners who caused your injury do not adequately compensate you.
If you seek to move forward with a potential slip and fall lawsuit, reach out to our team at JP Ward for assistance today.