A slip and fall incident that occurs on a wet surface, icy walkway, broken stairs, or other dangerous conditions can lead to serious and long-lasting injuries. A Montgomery County slip and fall lawyer may be able to help if you or a loved one was injured in a recent fall on someone else’s property. An experienced Montgomery County, PA injury attorney can investigate whether the property owner failed to keep their premises safe and is therefore liable for your personal and financial losses.
Common Injuries and Damages from Falling
A fall on a dangerous surface or other property hazards can cause someone to suffer severe injuries such as spinal cord injuries, head injuries, brain trauma, back injuries, and broken bones. Muscle strain, soft tissue injuries, lacerations, contusions, and concussions are also common in slip and fall claims.
If someone is tripped and injured in a fall that could have been preventable if not for the property owner’s negligence, the injured party should consult with a Montgomery County attorney to discuss what compensation may be available. The plaintiff could recover all types of slip and fall damages, including:
- Lost wages
- Hospital bills
- Therapy and rehabilitation expenses
- Future diminished earning ability
- Loss of life enjoyment
- Loss of consortium
- Pain and suffering
- Doctor bills
If the judge finds that the property owner’s actions were so gravely negligent that they constitute an egregious lack of care, they might award the plaintiff punitive damages in addition to the aforementioned compensation. Punitive damages can punish the wrongful actions of a defendant as well as disincline others from similar acts of negligence in the future.
Statute of Limitations in Montgomery County
Per 42 Pennsylvania Consolidated Statutes § 5524, there is a two-year timeline following the incident date in which an injured person can file a slip and fall claim. If they wait and try to file their case after more than two years have passed, they would be prevented from collecting compensation.
Slip and Fall Negligence Laws
The viability of a slip and fall claim in Montgomery County depends on whether the plaintiff can show that the property owner was negligent in maintaining their premises. This includes proving the landowner owed them a duty of care, breached that duty, and that this caused them to experience injuries and losses.
For instance, a property owner owes the most significant duty of care to an invitee or someone who the property owner has invited onto the premises for their personal gain. A customer at a shopping mall is an invitee. A property owner has a duty to invitees both to check for property hazards and make them known to prevent injury. Conversely, a far lesser duty is owed to trespassers who are on the land without the owner’s consent.
If the property owner was responsible for the property hazard, should have discovered it by exerting reasonable care but failed to do so, or was aware of the hazard but neglected to rectify it, they could be liable. In cases where the plaintiff was partially negligent themselves, they could still be eligible for compensation if their percentage of responsibility is no greater than 50 percent. A Montgomery County Pennsylvania lawyer could help someone injured in a slip and fall determine whether the owner is responsible for their losses and might owe them compensation.
Discuss Your Rights with a Montgomery Slip and Fall Attorney
If you believe that a property owner’s negligence caused you to sustain an otherwise avoidable injury, it may be prudent to speak with a Montgomery slip and fall lawyer. Time is of the essence when determining if a slip and fall case is viable, there is no time to waste because physical evidence including photos, video surveillance, and the condition of the property can change. It is important to have your potential injury case reviewed immediately. An attorney can provide an honest review of your case and whether you may be eligible for financial recovery. Contact our skilled team of Montgomery County slip and fall lawyers today to discuss your situation.