Slip and fall accidents are extremely common in Pennsylvania. When they occur as a result of the property owner’s negligence, victims can file a claim to recover damages. However, there are many challenges associated with filing these claims and throughout the process, you will have many questions. Below, our Allentown personal injury lawyer answers some of the most frequently asked questions about slip and fall accidents.
How Do I Prove Someone is Liable for My Injuries?
Like with any other type of personal injury claim, when filing a lawsuit after a slip and fall, you must prove that someone else is liable for your injuries. To do this, you must show:
- The defendant owned or controlled the property where the slip and fall occurred,
- A dangerous condition existed on the property,
- The defendant knew about the dangerous condition, or should have known about it, and
- You sustained injury due to the dangerous condition
In many slip and fall cases, the most difficult element to prove is that the property owner knew, or should have known, about the hazardous condition. A slip and fall accident lawyer can help you prove this so you can recover the full damages you deserve.
Can I File a Claim if the Condition was Obvious?
If the condition that caused your slip and fall was obvious, you may be unable to file a claim for damages. For example, if a set of stairs was obviously broken and you attempted to climb them anyway and became hurt, you could not sue the property owner. Whether or not a hazardous condition would be obvious to most people is a question of fact.
What if I Contributed to the Accident?
Under the comparative fault law in Pennsylvania, you can still claim damages if you contributed to the accident, so long as you are not more at fault than the property owner. For example, if a property owner had allowed a thick layer of ice to accumulate at their front door and you were wearing high heels at the time, you and the property owner may be found partly at fault. You may be found 20 percent at fault for not wearing proper footwear, while the property owner may be found 80 percent at fault, so you could still claim damages.
It is important to note that although you can claim damages if you contributed to an accident, the amount you receive will be reduced. Using the same example as above, your damages would be reduced by 20 percent.
Do I Need to Work with a Slip and Fall Lawyer in Allentown?
You are not required to work with an Allentown slip and fall lawyer when you become injured, but failing to do so could hurt your chance of recovering the full damages you need. At van der Veen, Hartshorn, Levin & Lindheim, our attorneys are dedicated to helping accident victims claim damages, and we want to help you, too. Call us today at (215) 486-0123 or fill out our online form to schedule a consultation.