Black Friday is one of the busiest shopping days of the year, with people rushing to stores to take advantage of deals. Unfortunately, the combination of heavy traffic, crowded parking lots, and winter weather conditions in Philadelphia creates a higher risk for accidents, particularly slip and falls in parking lots.
If you’ve had a slip and fall accident in Philly on Black Friday, it’s essential to know what steps to take to protect your health and legal rights.
Why Black Friday Increases Slip and Fall Risks
On Black Friday, parking lots are packed with shoppers trying to park, and the potential for accidents is significantly heightened. In Philadelphia, early winter weather often means rain, sleet, or snow, which makes parking lot surfaces slippery and hazardous. The rush of people heading into stores combined with inadequate maintenance, poor lighting, or debris can create the perfect conditions for a slip and fall accident.
Immediate Steps to Take After a Slip and Fall on Black Friday
If you’ve slipped and fallen in a parking lot on Black Friday, taking quick and strategic steps will help you avoid further harm and protect your legal rights.
Seek Medical Attention Immediately
Your health should always be your top priority. Even if your injuries seem minor, it’s important to see a doctor right away. Some injuries, like concussions or soft tissue damage, may not present symptoms immediately but can worsen over time. By getting medical treatment right away, you ensure that your injuries are properly documented, which is crucial if you decide to file a personal injury claim.
Document the Scene of Your Slip and Fall
If you’re able to, document the conditions of the parking lot where your slip and fall occurred. Use your phone to take pictures of any hazards that contributed to your accident, such as icy patches, poor lighting, uneven surfaces, or debris. Be sure to capture the exact spot where you fell as well as the surrounding area. The photos you take can serve as valuable evidence when filing a claim or if the property owner disputes your version of events.
Report the Incident to the Property Owner
It’s important to report your accident to the store or property owner immediately after it happens. Ask for the contact details of the person responsible for handling slip and fall claims, whether it’s a store manager or the property’s management company. Be polite but firm in your communication, and request a copy of any incident report that is created. Make sure the details in the report are accurate and consistent with your own account of what happened.
Gather Witness Information
Black Friday parking lots are usually crowded, which means there’s a good chance someone witnessed your slip and fall. If possible, get the names and contact information of any bystanders who saw your accident or the hazardous condition that caused it. Witnesses can help corroborate your story if the property owner disputes your claim later.
Keep All Medical Records
Your medical records will be a vital part of your personal injury claim. These records should include details about your diagnosis, treatment plan, medications prescribed, and any future medical needs. They will help your personal injury lawyer demonstrate the extent of your injuries and how they impact your daily life. Be sure to keep copies of all doctor’s notes, hospital bills, and receipts for out-of-pocket expenses related to your accident.
Potential Liability in Pennsylvania Slip and Fall Cases
After a slip and fall accident in a parking lot, one of the key questions is: who is liable for your injuries? Property owners have a legal obligation to maintain safe premises, including parking lots. When they fail to address hazardous conditions, they may be held responsible for any injuries that occur. However, proving liability in a slip and fall case can be challenging.
Premises Liability
In Pennsylvania, property owners are required to keep their premises reasonably safe for visitors. This responsibility includes clearing parking lots of snow, ice, and debris, as well as ensuring adequate lighting and signage. If a property owner fails to maintain the parking lot or fails to warn visitors of dangerous conditions, they could be held liable for your injuries.
Negligence of the Property Owner
To hold a property owner liable for a slip and fall accident, your personal injury lawyer will need to prove that the owner was negligent. This means showing that:
- The property owner knew or should have known about the hazardous condition.
- The property owner failed to take reasonable steps to address the hazard.
- The hazardous condition directly caused your injuries.
Comparative Negligence in Pennsylvania
Pennsylvania follows a “modified comparative negligence” rule, which means that if you are partially at fault for your slip and fall, your compensation may be reduced based on your percentage of fault. For example, if you were distracted or not wearing appropriate footwear, the court may determine that you bear some responsibility for the accident. However, as long as you are less than 51% at fault, you may still recover damages.
How a Skilled Personal Injury Lawyer Can Help You in Your Slip and Fall Accident Claim
Navigating a slip and fall case after a Black Friday accident can be overwhelming, especially when dealing with a large retailer or shopping center. A personal injury lawyer can help you build a strong case by gathering evidence, proving liability, and negotiating with insurance companies on your behalf.
Proving Liability
A personal injury lawyer will investigate your case to determine who is responsible for the hazardous conditions that caused your fall. This might include reviewing security footage, gathering maintenance records, and interviewing witnesses. By proving that the property owner’s negligence caused your accident, your lawyer can help you secure compensation for your injuries.
Negotiating with Insurance Companies
Insurance companies often try to minimize their payouts by offering low settlements or denying liability altogether. An experienced personal injury lawyer can negotiate on your behalf to ensure that you receive fair compensation for your medical bills, lost wages, and pain and suffering. If necessary, your lawyer can take your case to court and fight for your rights in front of a judge.
Compensation You May Be Entitled To After a Trip and Fall Accident
If you’ve been injured in a trip and fall accident, you may be entitled to several types of compensation, including:
- Medical Expenses: This includes the cost of doctor’s visits, hospital stays, surgeries, and physical therapy.
- Lost Wages: If your injuries prevent you from working, you can seek compensation for lost income, including future earnings if your injury causes long-term disability.
- Pain and Suffering: Compensation for the physical pain and emotional distress you experience as a result of your injuries.
Contact the Philadelphia Injury Lawyers at van der Veen, Hartshorn, Levin & Lindheim and Get the Legal Help You Need After a Black Friday Slip and Fall
If you’ve been injured in a slip and fall accident on Black Friday, it’s important to take immediate action to protect your rights. Working with an experienced personal injury lawyer can make all the difference in securing the compensation you deserve.
Contact van der Veen, Hartshorn, Levin & Lindheim today for a free consultation. You can call us directly at 215-486-0123 or fill out our online contact form to schedule a consultation. We’re here to help you through every step of the process.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.