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Philadelphia slip and fall lawyer

A slip-and-fall accident is a type of personal injury that occurs when someone slips, trips, or falls as a result of dangerous conditions. These accidents can occur in a variety of settings, such as grocery stores, restaurants, offices, and sidewalks.

The Law Offices of Samuel Fishman are dedicated to helping those who were injured in a slip and fall accident. We understand the physical, emotional, and financial toll these accidents can have on victims and their families, and we are here to help you get full and fair compensation for your losses.

Our experienced Philadelphia slip-and-fall lawyers will investigate the circumstances of your accident and work to hold the responsible parties accountable. We have a proven track record of success in these types of cases, and we will fight for you every step of your claim.

What To Do After a Slip and Fall Accident in Philadelphia?

It is important to gain clarity on how to proceed with the slip and fall accident case. If you have sustained injuries due to a slip and fall, it may be necessary to follow a few key steps:

  1. Seeking medical treatment: Even if your injuries are minor, you must get a medical checkup. Having medical records can help build your case. The property owner and their insurer may deny your claim if you do not seek it at the right time.
  2. Notifying the Property owner: It is essential to notify the owner when you are choosing to file an injury claim. If you slip and fall at a place of business and are injured, you may be able to file an incident report with the company or manager, if applicable.
  3. Document the accident scene: If others nearby saw the incident, you may want to ask for their contact information. In addition, you can also make a recorded statement on your phone. Documenting the scene may also involve gathering evidence by taking pictures of the dangerous area and your injuries.
  1. Be careful of what you say: After you slip, it’s important to be careful who you speak to about the accident before you file a claim, as well as after the matter is resolved. This also includes sharing details of your slip and fall on social media.
  2. Consult an attorney: An experienced lawyer will help protect your rights, determine whether you have a viable claim, and help you to file a claim.

How To Choose A Philadelphia Slip And Fall Attorney

Slip and fall accidents are common occurrences that can happen anywhere to anyone and anywhere. Here’s what you need to know if you’re looking into filing a slip-and-fall lawsuit:

  • Determine if you have a case: To have a viable slip and fall case, you may need to prove that the property owner was negligent and that it was this negligence that directly caused your injuries. To do this, you will likely need to show that the property owner either knew or should have known about a potentially dangerous condition on their property but failed to take reasonable steps to fix it.
  • Look for a lawyer with experience: Search for a legal professional who has a track record of success in slip-and-fall cases and who is familiar with the laws and regulations in your state.
  • Schedule a consultation: After you have found a lawyer that fits your criteria, schedule a consultation to discuss your case. Be prepared to provide as much information as possible about the accident, including any witnesses, photos, or other evidence.
  • Know what to expect: A slip-and-fall case can take some time to resolve, and there is no guarantee that you will receive compensation. 

However, a good personal injury lawyer will work diligently to build a strong case and maximize your chances of success. Be prepared to follow their guidance and be patient throughout the process.

Which places can slip-and-falls occur?

Interesting Facts About slip and fall Accident

The place where you are injured can significantly impact your recovery after the accident. Slip and fall accidents can happen everywhere. However, some of the most common places where these accidents happen are:

  • Parking Lots and Garages;
  • Workplace;
  • Sidewalks and Walkways;
  • Hotels and Resorts;
  • Public Spaces with Wet Surfaces;
  • Bars and Restaurants;
  • Grocery Stores and Other Retailers;
  • Staircases;
  • Elevators and Escalators;
  • Gas Stations;
  • Shopping Malls;
  • Swimming Pools.

What Injuries Can Occur From Slip And Fall Cases

Slips and falls are common, but their injuries can vary widely. Some people can be critically injured when they fall after slipping. Some common injuries include the following:

  • Bruises and Cuts: After a slip and fall accident, cuts and bruises on the skin are the most common injuries. Sometimes, outward injuries may be an indication of deeper issues.
  • Shoulder Dislocation: Shoulder injuries are common when an individual falls on their shoulder. It may even require surgery when your shoulder gets dislocated.
  • Knee Damage: When your body twists erratically, it may result in knee injuries. The functioning of your knee will severely impact the relationship between bones and ligaments. Some of the other knee injuries are kneecap dislocations that may require multiple surgeries.
  • Sprained Ankles or Wrists: Sprains may result when trying to use your arms to prevent your fall. Damaged ligaments may take time to heal and can disrupt your life significantly.
  • Spine and Nerve Damage: As the spine and nerves are fragile, it may result in long-term effects. After a slip and fall, some people may experience permanent spine damage.
  • Traumatic Brain Injury: Sometimes, in a slip and fall, the head may hit the ground or an object, causing a traumatic brain injury. The injured victim may face drastic, and life-changing negative effects in these cases.
  • Death: When injuries from slip and fall are catastrophic, they may lead to an unfortunate loss of life.

How Much Does a Philadelphia Slip & Fall Lawyer Charge?

The cost may depend on the choice of lawyer. Some Philadelphia slip-and-fall lawyers accept cases on the contingency fee structure. This means. 

  • You will not have to pay any upfront costs.
  • The lawyer accepts payment once you receive compensation by taking a percentage of the settlement.
  • You only owe a percentage of your settlement once you are reimbursed.

Some lawyers may also work on a flat fee structure, and others may work on an hourly basis. It’s important to weigh a lawyer’s charging structure to ensure it is within your budget.
Philadelphia Slip and Fall Lawyer

What Compensation Can You Get After A Slip-and-Fall Accident?

If you experienced an accident, you have the right to take action by filing a personal injury lawsuit to obtain reimbursement for your losses. You can receive compensation for various damages, such as past and future medical bills, lost wages, property damage, and pain and suffering.

Who Is Liable For Philadelphia Slip And Fall Injuries?

Landlords of rental properties, business owners, homeowners, and government agencies can be held liable for slip and fall injuries that happen on their premises. They are often obligated to clean up messes and ensure that areas where people walk are free of hazards. They may also be required to fix any irregularities in sidewalks, including holes, cracks, or uneven areas, to mitigate the danger of an accidental slip or trip.

Sometimes, landlords and business owners fail to maintain their premises appropriately. If you are injured due to the negligence of a property owner, you may be able to file a personal injury case to recoup your losses.

Property owners are also required to maintain their property in a manner that does not jeopardize the safety of visitors. This may include keeping their floors and walkways clear of water and debris. If a floor was recently mopped or if melting snow caused a slippery surface, the property owner may need to mark or address it so that others are aware of the possible danger.

You can consult an experienced slip and fall attorney who can help show premises liability to help you recover compensation for your injuries and other losses.

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Slip and Fall Prevention Safety Checklist

Slip-and-falls can occur unexpectedly, but people can still do a lot to prevent dangerous accidents with proper care and maintenance.
Data on slips and falls

  • Wear the right footwear: Sometimes wearing the wrong footwear can lead to accidents. Therefore, it is important to wear the correct footwear for the circumstances to prevent slip-and-fall accidents.
  • Pay attention to the floor: Check if the floor is wet or uneven. It is also vital to remain aware of your surroundings when walking about. If there is a sign posted but you don’t see it because you aren’t paying attention, you may be found partially or completely responsible for your injuries. 
  • Lighting and signage: At times, signage may not be visible because of poor lighting, or the poor lighting itself creates hazardous conditions. 
  • Floor conditions and stairways: If the stairways do not have handrails, you should remain extra cautious while using them and walk up and down them carefully. This might mean you move at a pace where you can check if there are unsafe objects and obstacles on a stair. These can lead to unwanted injuries but are easily preventable. 

As a property owner, you may be obligated to prevent accidents by properly maintaining your property and removing certain unsafe conditions.

Slip and Fall Preventive Measures for Premises Owners

Property owners are required to follow a duty of care, which means they have a legal obligation to act responsibly, which may include preventing accidents from slipping. This can be done by taking certain preventive measures.

  • Practice good housekeeping: Housekeeping and safety go hand-in-hand. If you are a property owner, you should ensure that the floor is clean and free from objects and other dangers for visitors. If you own a commercial property, it is important to have a housekeeping plan and manage employees to ensure that the floors remain clean, dry, and free from unsafe clutter.
  • Maintain proper lighting: Ensure adequate lighting in all common areas where guests and invitees are expected to travel. Everything should be visible. This will help prevent potential hazards and reduce the risk of personal injury lawsuits. 
  • Check the condition of the stairs: Stairs should have handrails, and there should not be any unsafe obstacles on the stairs. Stairs should be free from loose nails, floor boards, unkempt carpets, and other obstacles that could cause someone to trip and fall. Falling down a set of stairs can be extremely dangerous and lead to serious injuries.
  • Signage: Ensure that proper safety and warning signs are used. If the floor is wet, or there are other dangers such as cracked pavement, properly placed signage can warn people about the hazard.
  • Instruct and train Staff: For businesses, it can be important to ensure your staff is taking necessary precautions and maintaining a safe and clean environment for guests and customers. A well-trained and prepared staff can go a long way toward preventing accidents, and injuries to others, avoiding expensive lawsuits.

Generally, whenever you visit someone else’s property, you’re one of three things: an invitee, licensee, or trespasser. Property owners in Pennsylvania are responsible for keeping their lawful visitors safe. However, visitors are also responsible for taking certain precautions.

Need Legal Help? Contact Philadelphia Slip and Fall Lawyers

If you have suffered an injury or another type of damage or loss due to a slip and fall accident, consult a Philadelphia slip and fall lawyer. Sometimes, slip-and-fall accident victims do not realize the extent of their injuries, which is where we can help.

Give us a call today at (267) 314-6039 to schedule a free case evaluation from one of our legal professionals.

FAQs on slip and fall accidents

1. What kind of substances can lead to a slip-and-fall injury?

Snow, ice, and spills of food or liquids can contribute to slip-and-fall accidents. Uneven pavement, damaged flooring, or holes can also be factors. Some falls occur because of poor lighting, which makes dark pathways challenging to see

2. How long do i have to file a slip-and-fall lawsuit?

In Pennsylvania, the time frame within which you need to file an injury claim is two years from the date that the accident happened.

3. Can homeowners be held liable for slip and fall accidents?

The short answer is yes. Homeowners are responsible to ensure that their home is safe for visitors. If negligence on the part of the homeowner leads to a fall, the homeowner or their homeowner’s insurance company can be held liable.

4. Who is at fault when a person is injured on a rental property?

Falls in a rental property could be the responsibility of either the renter or the landlord. The nature of the fall determines who is held liable. For example, a hazard that the landlord knew about and did not fix can sometimes be the landlord’s responsibility. However, if the renter spilled something themselves and then slipped on it, for example, the fall would be the renter’s responsibility.

5. Can I sue my neighbor after tripping and falling in his apartment?

You may be able to sue your neighbor after tripping and falling in their home or apartment depending on the particular facts of the case. Liability for injuries sustained as the result of a slip and fall depend on the status of the claimant in relation to the property.

That is, under Pennsylvania law, the determination of the duty of the possessor of land toward a third party entering the land depends on whether the entrant is a trespasser, licensee or invitee.

Updyke v. BP Oil Company, 717 A.2d 546, 548 (Pa. Super. 1998). When a person visits another person’s home with the owner’s consent, they are considered a licensee. A licensee is a person who is privileged to enter or remain on the land by virtue of a possessor’s consent. 

6. Can I sue the city of Philadelphia after a slip and fall on the sidewalk?

Generally, liability for accidents that occur on sidewalks is attributed to the property owner adjacent to the sidewalk. However, sometimes multiple parties may be found liable depending on the circumstances. That’s why it is critical to always consult with a premises liability attorney first. They will know when it is appropriate to sue the city of Philadelphia and when it is not. 

7. If your mother slipped in a nursing home. Should you sue a nursing home?

You may be able to  sue nursing homes depending on the particular facts of the case.  Nursing homes, generally,  have a duty of care towards the patients as caregivers.  However, residents of nursing homes are difficult to classify as they have characteristics of both invitees and licensees. Nevertheless, nursing homes, in particular, have a high duty of care towards their residents, and must ensure that the premises are safe and also provide adequate healthcare, assistance, and nutrition. 

8. Do I have a case if I sustained an injury in a slip and fall even if I am partially responsible? 

Yes, you may have a case even if you are partially responsible for the slip and fall. Pennsylvania is a modified comparative negligence state. That means you can still recover damages provided your fault in the slip and fall is less than the fault of the defendant. However, your damages may be diminished by the percentage of fault attributable to you. That’s why it is important to consult with a lawyer who is able to help you determine the extent to which you are liable and whether you have a viable case. 

9. Is my slip and fall accident covered by any insurance?

Insurance may or may not cover slip and fall injuries depending on the policy of the residential or commercial property owner. Workers’ compensation insurance may apply if the slip and fall happens within the scope of the employment duties of a worker.

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