All property owners have a duty to keep the “premises” safe for everyone. The area of law applied in these situations is known as “premises liability.” Even if you invite people to your home in Chester, PA, you have a duty to make sure there are no unsafe conditions that can cause an accident. In addition, someone who rents, or leases property has an obligation to keep it safe. Premises means private areas transited or expected to be transited by patrons and employees. Most people who experience slip and falls can end up with long term health complications along with severe setbacks in their income potential and job prospects. But with right legal representation, you can obtain compensation for all your losses. When someone has an accident because the premises are not safe, liability in tort for negligence can be imposed on all the parties who could have prevented the injuries. An experienced tort’s attorney will be able to determine what the best course of action can be to get recovery for all the injuries.
If you or someone you love suffered a slip and fall injury due to someone else’s negligence, you need an experienced and skillful team of attorneys. The award-winning attorneys of The Reiff Law Firm are experienced slip and fall lawyers dedicated to representing people who suffer these injuries in Philadelphia. To schedule a free legal consultation call (215) 709-6940.
Claiming Negligence in a Pennsylvania Slip and Fall Accident
If you decide to file a lawsuit, you should know some relevant terms. For instance, when you sue, you will be called “Plaintiff” and the party you sue will be called “Defendant.” Personal injury or torts law can be complicated and personal since your health can be a subject of much debate. Every state has its own requirements or legal standards.
Under Pennsylvania law, there are four elements to establish liability in for negligence: (1) a duty of care; (2) the breach of the duty; (3) a causal connection between the conduct and the resulting injury; and (4) actual loss or damage resulting to the plaintiff. An attorney can explain at length the meaning and requirements of these three parts of proving negligence in a slip and fall lawsuit in Chester, PA. Every locality has own rules that lawyers have to be familiar with before filing a lawsuit. An experienced personal injury attorney can help you navigate through the process.
A lawyer can review the specifics of your case to help you determine what the best course of action is in Pennsylvania. However, there are some issues that have a tendency to be questioned more thoroughly than others.
Lawsuit Process for Preventable Slip and Fall Accidents in Chester, PA
Legal representation in slip and fall cases can get very technical as to the ways the accident could have been prevented. This is a central aspect of legal representation for slip and falls. Most lawyers experienced in this area are already knowledgeable of the existing protocols that can be easily applied to preventing slip and fall accidents. These are usually low-cost measures. When the steps are very complicated or expensive, it can be hard to establish if the slip and fall were preventable. Showing what could have been to avoid the harm can be helpful to demonstrate the failures in maintaining safety in the premises that were known to be transited.
In situations involving a lease rental agreement, also include multiple defendants potentially involved in the care and maintenance of the premises, most lawyers will sue everyone involved in order to get the best result possible. No one who is careless in maintaining an area that will be transited should assume there is no responsibility if they have knowledge of the problem. Oftentimes, landlords will try to avoid liability in spite of having an awareness of the existing dangers. Your lawyer should be able to look at all the people who may be responsible and determine a strategy in your case.
Anyone considering filing a lawsuit for slip and fall injuries should be mindful that there are many aspects of their lives that can be deliberated as the case progresses. This means that the defendants will ask questions that may seem intrusive. Most people expect the issues to be focused on the facts and circumstances related to the accident. However, there are situations when defendants will be able to make the case difficult or uncomfortable for the plaintiffs. For example,
Blaming the Injured Plaintiff
One of the most common tactics is to blame the injured plaintiff. Experienced personal injury attorneys are aware of the tactics used to unfairly accuse the plaintiff. While in Pennsylvania you can hold someone liable even if you bear some level of responsibility, personal injury attorneys are keenly aware of the unfair tactics used to divest injured plaintiffs of their rights.
The cause of the slip and fall can be highly contested. This is the part where the negligent party will try to point the finger on anyone or anything other than themselves. This can bring legal challenges to the representation, but with the right legal representation, these challenges can be easily surpassed.
Damages refer to the actual losses—medical expenses, loss of past and future wages, income potential, wrongful death when a person dies, pain and suffering. Things can get technical and complicated at the point when damages are reviewed. These losses have to be linked to the negligence in failing to provide safe premises. Therefore, if a person suffers a medical condition unrelated to the fall and slip, this health issue can be unfairly exploited or characterized.
For example, when someone falls and suffers a heart attack after the fall, the party responsible for the injury may try to say the death was a result of a heart condition, as opposed to the fall. Experienced attorneys are usually prepared to challenge this type of legal argumentation. An attorney can help you make educated decisions if you’re concerned this can happen in your case.
Call Our Chester, PA Slip and Fall Injury Lawyers
The highly accomplished legal team of The Reiff Law Firm has been serving residents of Chester, PA for over 35 years. They are known for their commitment to representing victims of slip and fall accidents. We get paid if compensation is awarded to our clients. Call (215) 709-6940 to schedule a consultation.