We’ve all had situations involving a slip and fall or even a trip and fall. Most of the time you just chalk it up to your own clumsiness. But what if it isn’t just that? What if it isn’t your fault and someone else had a hand in it? Or as defined legally a premises liability? What do you do then? You can start by talking with one of our slip and fall lawyers at our personal injury law firm with Doylestown and Norristown locations.
Whose Fault Is It?
Here’s a hypothetical. Imagine someone had an incident involving a slip and fall. Sometime later they have major back pains or ongoing pain in their knee. They go to the doctor and are told they have a disc problem or a torn ligament in their knee. Whose fault is it? Can you file a claim for a personal injury?
Here’s what you’ll need to prove:
- There was negligence on the part of the individual or entity to perform a duty of care (an obligation to avoid injury or placing someone in danger) and is, therefore, liable.
- The individual or entity breached the duty of care leading to your injury.
- That breach by them was a major factor in the injuries.
Modified Comparative Negligence
In Pennsylvania, modified comparative negligence is a key consideration in slip and fall cases. It determines the amount of compensation you can receive if you were at all negligent. In short, your damages will be reduced by an amount equal to the percentage of fault that is yours.
Here’s another hypothetical. If a jury decides that you were 50 percent at fault, your damages will be cut in half for lost income, medical bills, pain and suffering, and other related losses. If the jury decides you are more than 50 percent at fault, you can’t recover a dime.
It’s possible a property owner and its slip and fall attorney will throw a lot of allegation at the injured party. They weren’t allowed to be in that area. They were distracted because they were texting and didn’t notice the potential issue. They were wearing heels or inadequate footwear that helped cause the accident. The allegations can go on and on.
What Are the Chances of Winning the Case?
Our personal injury lawyers are here to help you decide whether the injured party has a case. Candidly, slip and fall accidents can be difficult to win even for the most seasoned premises liability attorney. It’s a matter of compiling solid evidence. Unlike car accidents where witnesses or even street cameras can be presented to help prove the case, slip and fall cases mostly come down to first-hand accounts. The best chances of winning involve the presence of visual evidence or if a third party can corroborate the accounts. Without that level of evidence, many slip and fall lawsuits are dismissed.
If you feel you have been injured because a property owner was negligent with respect to duty and care, talk with a slip and fall lawyer at our personal injury law firm today. You can count on our expertise and discovery process to make your case. We’re here to help.
Call Rich Sokorai at 610.275.0700 or email info@highswartz.com. We'll take the time to talk through the details with you.