Our law firm handles thousands of premises liability injury cases each year. Premises liability cases, more commonly referred to as "Slip and Fall" cases, are one of the most common personal injury cases.
We all have accidents from time to time, but there's a difference between those caused by our carelessness and those caused by negligence on the property owner's part. Often, serious injuries cause victims to lose days or weeks of work or cost them significant sums in medical bills—all for an accident outside of their control.
If you've been injured in a public place, you may be able to take some legal recourse, but there are some things you need to know before contacting a Philadelphia premises liability lawyer and filing a claim.
From proving the liability to the process of filing a claim, don't miss out on learning everything you need to know about filing a settlement. Read further to get more information.
"Premises liability" refers to a legal concept that applies to personal injury cases involving accidents on someone else's property. Premises liability laws state that property owners must maintain safe and hazard-free conditions on their property at all times.
If someone is injured because of a failure to fulfill this legal obligation, the property owner could be held liable for the victim's injuries in a premises liability claim.
While having an accident in a public place may seem embarrassing, the things you do in the wake of the incident are crucial. Here are some essential pieces of info to keep in mind after the accident while filing the claim:
In many premises liability cases, the property owner may argue that the plaintiff is at fault for the accident. Because this is somewhat hard to prove, this type of blame-shifting is known as comparative negligence.
This means that your behavior may be at least a small part of the issue at hand in most cases. While filing your claim, you may be asked some basic questions that help determine whether your claim is reasonable.
Here are some examples:
If you were careless at the time of your accident, it might be harder to prove negligence or liability on the property owner's part—but it doesn't mean they aren't at fault either.
You don't necessarily need to prove you were being careful at the time of the incident. Instead, you'll need to provide details that paint a clear picture of what happened and that you weren't blatantly being careless.
While it may be hard to prove that an incident caused by liquid on the floor or another obstacle is outright negligence or pure clumsiness, the more you can document, the better.
Take photos and record any interaction with the property owner or any staff that happen to be on site. If something seems out of the ordinary, it's a good idea to document the conditions in question.
The sooner you report your accident, the better. While still on the scene, you should tell the owner or manager what happened.
Suppose you require medical attention, such as getting picked up in an ambulance. In that case, the incident is likely going to be recorded on the part of the property owner, as well as the medical center where you were treated.
A premises liability claim can arise in several different ways. Some of the most common types of claims involve:
A property owner is not automatically held liable for every injury sustained on his property. Instead, it is up to the plaintiff–with the help of an attorney–to prove that the property owner was negligent and, therefore, should be held liable for the victim's injuries.
To prove negligence, the plaintiff must show that the property owner knew or should have known about the dangerous condition on his property. An attorney can use evidence to build a case against the property owner, including photos from the scene, witness testimony, and surveillance footage.
Hiring an attorney is helpful in any legitimate personal injury case, but some plaintiffs choose not to. The plaintiff may forgo an attorney if insurers want to settle right off the bat or if the settlement amount is less than $5,000 (the small claims court maximum). However, even if the case ends in an insurance settlement, it's good to have a lawyer on your side to help sort out all the logistics and provide a solid case against the defendant.
It's strongly recommended that you hire an experienced personal injury attorney to handle your premises liability claim. Why? Recovering compensation is never guaranteed, and these particular cases are known for their complexity.
The defendant will more than likely have a team of attorneys on their side, and you should not face them alone. Therefore, it would be best to have a Philadelphia premises liability attorney with a track record of securing large settlements and verdicts in premises liability claims.
Our Philadelphia slip and fall law firm often get calls from people who are injured in a fall, and they all want to know: Do I have a good premises liability / slip and fall case? and let's face it, most people have no idea whether or not they have a viable case. There are three main factors in answering this question. They are as follows:
Since many personal injury cases are settled before a trial takes place, you may find a lawsuit to be wholly unnecessary. However, you may file a slip and fall lawsuit if the defendant wants to pursue the issue further.
Should the defendant want to pursue the case further, you may wish to file a slip and fall lawsuit, which will help cover expenses for the injury, rehabilitation, and medical expenses.
At KaplunMarx, we've got a team of experienced personal injury lawyers ready to take on your premises liability claim to help you get back on track.
We understand the physical, emotional, and financial tolls that serious injuries can cause victims. For that reason, KaplunMarx is on hand to help you investigate negligence and determine whether you've got grounds for a legal claim.
If you've suffered injuries in the wake of a fall, don't hesitate to call our office at 215-939-4895 to learn more about your rights after an accident.
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