If you recently fell and suffered serious harm on another’s property, you could have grounds for a civil claim. A Bala Cynwyd slip and fall lawyer could help you seek financial compensation if you or a loved one was injured in a falling incident.
An experienced personal injury attorney could investigate your accident to find out whether the property owner was negligent in their legal duty. If a property owner’s carelessness or recklessness was the reason you were injured, an attorney can help you pursue all available forms of financial recovery to compensate for your losses.
Different Classifications of Visitors
A person’s visitor status on the property owner’s land would impact whether or not they might be entitled to compensation for their slip and fall injuries. The three main classifications of visitors are licensees, invitees, and trespassers.
- Licensee — A person who is authorized to be on the owner’s property or has been invited, but whose presence will not benefit the property owner (i.e. a private guest).
- Invitee — A person who is authorized to be on the owner’s property and whose presence will afford the property owner some type of advantage (i.e., a store patron).
- Trespasser — A person who is not authorized to be on the property.
A property owner owes varying degrees of duty to each of the classifications of visitors. To a licensee, the owner has a duty to take care of dangerous property conditions that they know about. A property owner has the greatest legal obligation to an invitee. The landowner must not only fix hazards that they are aware of, but actively search for conditions that could prove unsafe.
Typically, the only duty a property owner would owe a trespasser would be to refrain from purposefully injuring them. However, if a child enters the premises without the owner’s permission, the owner could be liable for their injuries under the attractive nuisance doctrine. This doctrine states that an owner can be held responsible for the injuries sustained by a minor if there are hazardous property conditions that would draw a child onto the premises, such as a pool.
A skilled lawyer in Bala Cynwyd could launch a complete investigation into liability when building a slip and fall claim for compensatory damages. If the property owner did owe a claimant a duty, and subsequently breached that duty, they could be liable for the person’s injuries and other losses.
Could a Claimant be Partially Responsible for Tripping?
While liability may be obvious in certain claims, in other cases, the court may determine that the injured person and the property owner share liability for the incident. 42 Pennsylvania Consolidated Statutes § 7102 allows someone to file a case for personal injury damage and receive a reduced award if their percentage of liability is equal to or less than 50 percent. If the claimant’s percentage of liability exceeds that of the property owner, they would be prevented from collecting money damages.
Financial Damages in a Bala Cynwyd Trip and Fall Claim
A Bala Cynwyd slip and fall attorney could help someone pursue full and fair compensation for their financial damages. Falling injuries such as fractured bones, concussions, neck injuries, and back injuries can cause severe economic strain. A lawyer could help someone recover compensation for their medical bills, pain, suffering, past and future lost wages, emotional anguish, and more.
Speak with a Bala Cynwyd Slip and Fall Attorney Today
A Bala Cynwyd slip and fall lawyer could provide constant legal support throughout your case and fight hard to help you get the compensation you need. If you are unsure how to start a case, the best step is to talk with a well-practiced lawyer. Call now to arrange your no-obligation case review and consultation.