Statistics show that nearly one million Americans visit emergency rooms for slip and fall accidents every year, including many in Pennsylvania. Philadelphia alone has seen thousands of slip and fall cases, many of which result in serious injury or lifelong conditions for those involved. The reality is that slip and falls can happen anywhere and at any time, catching the victim off guard. If you or a loved one was injured in a Philadelphia slip and fall accident, you should understand some of the important factors that can contribute to a winning case.
Establishing Fault
Slip and fall cases fall under premises liability laws in Philadelphia that put property owners under the responsibility of maintaining a safe environment. Also known as a duty of care, this responsibility extends to private property and businesses. When there’s a danger on the property – for example, a puddle, loose stair railing, or uneven sidewalk – the property owner or its manager is responsible for making visitors aware of the danger and taking measures to correct the issue. When the owner fails to make such corrections or ignores the danger, he or she has breached the duty of care.
Let’s say that you visit a hardware store to pick up some supplies. The store owner knows that the bathroom has experienced some water leaks, but has been too busy to worry about making the proper repairs. You visit the bathroom and slip on the water, causing a serious injury. The owner has failed in his duty of care to keep you safe, or at least warn of the danger.
Documentation and Evidence
The actions you take after a slip and fall accident are critical in determining whether you receive proper compensation, and collecting evidence and keeping documentation is among the most important elements. Witness testimonies, hospital bills, and other types of documents can be helpful in proving the extent of your injuries as well as calculating damages. An attorney can also help you collect surveillance footage if necessary, which can go far in proving your claim.
Calculating Damages
Bills are only one component of slip and fall damages. A common mistake many people make after being involved in a slip and fall is accepting the first settlement offer. Before accepting a settlement, consult with a slip and fall attorney who can look at the offer and decide whether it actually covers your losses or not. Your attorney can often help you negotiate a better offer by considering other damages such as loss of income due to injuries or pain and suffering. The consequences of accepting an offer too soon can cost you, so don’t hesitate to talk to an expert as soon as possible to understand your options.
Hire a Slip and Fall Attorney
In addition to ensuring you receive fair compensation, hiring an attorney has many other benefits. A local personal injury attorney has knowledge of local, state, and federal laws that pertain to – and may help – your case. At the Jason Javie Law Office, we have helped clients across Philadelphia fight for justice after being injured in a slip and fall accident that wasn’t their fault. Contact us by phone or online to start the process and talk to a member of our law team.