Do You Have a Potential Pennsylvania Slip and Fall Case?
Frequently people think that if they slipped or fell on someone’s property, they have a slip and fall claim, but this could not be further from the truth. It is important to understand that in order to have a successful slip and fall case here in Pennsylvania, quite a few strict requirements must be met.
If you fell and hurt yourself, your lawyer must be able to prove that the property owner was negligent. Negligence requires that your attorney prove 4 basic things:
- You were owed a duty
- The owner failed in his duty because he committed negligence
- The negligence caused the accident
- You were hurt
Proving Negligence in a Slip and Fall Case
Most commonly, the hardest part of any slip and fall case is proving negligence. The law in Pennsylvania requires one of three things for responsibility on the part of the owner or manager of the property:
- Created the danger
- Knew about the danger and didn’t handle it properly
- Should have known about the danger
Were You Responsible for your Fall?
In addition, your lawyer will have to look at whether you had any responsibility in your fall. Everyone is expected to be reasonable in terms of watching where they are going. If your case were to go to trial, a jury would have to analyze your percentage of responsibility versus the responsibility of the property owner. If you are considered to be too responsible, you will lose your slip and fall case.
What can cause a slip and fall?
Almost anything can cause someone to fall. Obvious choices include:
- Improper concrete maintenance
- Holes in the ground
- Sloping of the ground
- Snow or ice
- Bumps in carpet or failure to use slip resistance
You Slipped and Fell?
If you slipped and fell, take a look at the requirements I mention in this post. Consider whether you are responsible, or if the property owner was negligent. If you believe that you might have a slip and fall case, give the Pennsylvania slip and fall attorneys of Lowenthal & Abrams a call. We will discuss your claim with you and offer an honest opinion on your chances for success.