I slipped and fell and suffered a serious injury. How do I know if I have a case?
A: You will not know unless you speak to a personal injury lawyer who has experience in handling slip and fall cases.
The reality is that not all trip and fall or slip and fall cases result in viable cases against the responsible parties. In fact, only a small percentage of these accidents are strong enough from both a liability and damages standpoint to warrant filing a claim or lawsuit. The primary reason for this is that in Pennsylvania, a legal principle known as “comparative negligence” will come into play.
Under Pennsylvania premises liability law, everyone has a duty to watch where they are walking. Absent some completely hidden danger, like a hole covered by carpet in a hallway, the majority of slip and fall or trip and fall cases result in an apportionment of liability. In the average slip and fall case, the plaintiff will be assigned somewhere between 10-30% of liability for the accident. So long as that percentage does not total more than the negligence of the defendants, the plaintiff can recover under Pennsylvania law.
The strength of the liability case will depend on several other factors such as:
evidence of the defect at the time of the accident
evidence of the landowner’s prior knowledge
evidence of other people falling/slipping/tripping
A qualified personal injury lawyer will review the facts with you and determine whether you have a case. It is best to contact a premises liability/defect lawyer as soon as possible after the accident to find out what your options are.
If you or a loved one have been seriously injured in a Philadelphia slip and fall accident, our lawyers will provide answers to your questions and legal advice on whether there is a case and how to proceed. Contact a Pennsylvania property defect injury lawyer at White & Williams LLP today. We will provide a free, no obligation consultation on your case - 1-877-944-8396.
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.