Montgomery County Slip & Fall Accident Attorneys
Slip-And-Fall Attorneys Represent Premises Liability, Slip, Trip, And Fall Victims
Without always acknowledging it, we pass dangerous situations every day while assuming we are safe. But, now and then, you may slip and fall on a wet floor or trip on poorly maintained sidewalks or stairs. If you have sustained injuries from a slip-and-fall, you deserve representation that will help you seek justice and fair compensation for your losses.
Involved In A Slip & Fall Accident Have Questions? We Can Help, Tell Us What Happened.
At Rubin, Glickman, Steinberg & Gifford P.C., we help victims of premises liability accidents secure the meaningful recovery to which they are entitled. Our professional team has the skill, tenacity, and experience to obtain fair compensation in your personal injury case. We understand the claims process can be complicated, so we are here to help you understand what to do, who may be held liable, and what damages you may recover.
What Is Premises Liability?
Generally, business owners, property owners, and homeowners have moral and legal obligations to provide a reasonably safe environment for guests or those who live on their property. However, serious injuries can result when business owners, property owners, or homeowners fail to protect guests or residents from visibly recognizable or foreseeable harm.
The purpose of premises liability is to help injured accident victims hold those entities financially responsible for inadequately maintaining public and private commercial or residential properties. That said, not all falls are grounds for a claim. You will need to prove that negligence was the root cause of your injuries and injury-related losses.
If you have sustained injuries due to a slip-and-fall caused by negligent behavior, you have the right to seek compensation for damages. Our team of lawyers may be able to support you in pursuing legal action while you focus on recovery.
Critical Steps to Take After a Slip or Trip-And-Fall in Montgomery County
If you sustain injuries after a slip/trip-and-fall in Montgomery County, seek medical attention from a qualified healthcare professional as soon as possible. Not only can delaying care endanger your life, but it may also impact your insurance or legal claim. Once you undergo a thorough evaluation, proceed with caution and take the following critical steps:
- Document all details of the accident, including names, phone numbers, locations, dates, times, and photographs of where the incident occurred.
- Report the accident to whoever oversees the property, collect their information, and write a report.
- Exercise your right to remain silent. Do not make any statements to insurance companies or property owners without consulting a slip-and-fall attorney.
- Speak to a trusted Montgomery County slip-and-fall accident attorney immediately.
Taking these steps helps build a stronger case and contributes to proving the liability of the property owner. We may be able to help you gather further evidence to better your chances of a fair settlement.
What Evidence Is Needed to Prove Negligence in Slip-And-Fall Cases?
When pursuing a premises liability lawsuit as the victim, you carry the burden of proof, meaning you have to show evidence of the defendant’s negligence and how that negligence caused your injuries. Therefore, the following four elements must be established to show that the defendant’s negligence is what brought you harm:
Duty of Care
You must be able to prove that the property owner owed a duty of care to keep their premises safe. Pennsylvania law provides that the degree of care a property owner must exhibit depends on the guest’s legal status. This status is separated into three classes:
- A business invitee is invited by the property owner for business reasons, such as a customer who is purchasing goods from a supermarket. A property owner must keep the property in a reasonably safe condition and fix or notify invitees of any hazardous conditions on the property.
- A trespasser is someone who does not have authorization from a property owner to be on their premises. A property owner is not responsible for providing a safe environment for those who enter illegally.
- A licensee is invited by the property owner for social motives such as a party or other gathering. A property owner must properly maintain premises to protect the licensee from known dangers on the property, not latent ones.
Trespassing laws are sometimes different regarding children. Speak with a slip-and-fall lawyer in Montgomery County to learn about your specific case.
Breach of Duty
If property owners fail to execute their respective duties, they have breached their duty of care. You must show that the property owner failed to act according to their duty based on your status. For instance, if you are a business invitee shopping at a local store, you would have to establish the relationship between you and the property owner and provide evidence showing their negligence. We may be able to help you with this by gathering video surveillance or employee and witness testimony.
The next step is proving that the defendant’s breach of duty caused your injuries. For example, in many premises liability cases, defendants and their counsel try to push the “pre-existing injury” defense. To prove causation, you may give testimony on your account of the incident and present medical testimony and records that show the extent and nature of your injuries.
Finally, you will need to present evidence proving that your injuries led to actual damages. Proof of medical expenses and a medical expert’s account of what to expect treatment-wise can help calculate some of your losses. Missed time from work, loss of enjoyment in life, and physical incapacity are other pieces of evidence that will establish your suffering.
Compensation in Pennsylvania Slip-And-Fall Claims
Documenting the details of the accident and keeping track of your medical bills and records is important for proving liability and recovering damages. This evidence is key to proving the cost of your injuries and their effects on your life. Depending on the circumstances of your injuries, you may be entitled to the following economic and non-economic damages:
- Hospital bills
- Current and future medical bills
- Ambulance ride
- Lost wages and benefits from missed work
- Rehabilitation treatment
- Physical therapy
- Property damage
- Pain and suffering
- Mental anguish
- Reduced quality of life
While punitive damages are less common in slip-and-fall cases, you may receive them if you prove that the at-fault party acted with malice and recklessness. These damages are less of a reward for the plaintiff and more punishment for the defendant. In rare instances you can request punitive damages, but must present evidence of outrageous conduct in order to receive them.
Additionally, it is important to note that Pennsylvania is a modified comparative negligence state, meaning a percentage of fault is assigned to each party involved. The defendant may be assigned 100% of the fault and be responsible for all damages. But, if you share a percentage of the fault, that percentage will be deducted from your compensation. For example, if you are found to be 30% at fault, your damages will be reduced by 30%. Furthermore, if you are over 50% at fault, you cannot recover any damages.
Insurance companies may attempt to lowball you or place an unfair amount of fault on you to avoid fair compensation. Our talented legal team has the experience and skills to negotiate with insurance companies, keep track of offers and counteroffers, and fight for a successful outcome.
What Is the Statute of Limitations in a Pennsylvania Slip-And-Fall Case?
Slip-and-fall accidents lead to injuries that can affect your quality of life long-term, and if you are considering legal action, you must know the statute of limitations that may apply to your specific case. Pennsylvania’s statute of limitations sets a time limit within which you must file a lawsuit. Generally, under 42 Pa.C.S. § 5524(2), you must file your personal injury claim within two years. For a slip, trip, and fall or other similar injury, the clock starts to run on the date of the accident on someone else’s property.
Additionally, if your slip-and-fall accident occurred on property owned by a government entity, such as a municipal building or public park, you may have more limited time to file a claim. Generally, you have six months to file a notice of intent to sue, and then the two-year statute of limitations applies from the date of the injury.
Failing to adhere to the 2-year deadline for filing a slip-and-fall case could result in your claim being dismissed entirely. The defendant can cite the statute of limitations as an absolute defense, preventing liability even if their negligence, such as neglecting ice or snow accumulation, led to your accident. While there are some exceptions, you must promptly consult a slip-and-fall accident lawyer to avoid breaching filing deadlines.
Request a Free Consultation With Skilled Slip-And-Fall Accident Attorneys in PA
After sustaining injuries from a slip-and-fall accident, recovery should be your top priority. Dealing with the legal processes that follow these incidents can be challenging to handle alone, so we are here to help you investigate your claim and leave no stone unturned.
Our effective slip-and-fall accident lawyers have proudly served the Montgomery County area for over 65 years. At Rubin, Glickman, Steinberg & Gifford, P.C., we fight tirelessly for the compensation you deserve with our innovative and customized approach. Call us at (215) 822-7575 or fill out our contact form to schedule a free consultation.