When you fall on someone else’s property, it can be difficult to prove fault. Whether you slipped or tripped, you may have expensive medical care that you need to address. You might also need to deal with time away from work and other related expenses.
The best chance that you will have to get this type of compensation is to get a Philadelphia personal injury attorney to assist with your case. Your attorney will help you prove fault, receive the compensation you deserve, and allow you to move forward with your life. Knowing just how to prove your case will help you realize what facts are important in your situation.
There are a few things to keep in mind about slip and fall cases in Philadelphia. First, the plaintiff must prove that the owner was negligent (or careless) to receive any type of reward. This can be tricky to do, as the owner can simply argue that you were not being careful enough while you were on their property. To demonstrate the owner was negligent, there must be proof that the accident was caused because of the owner’s choice to ignore an issue on their property.
Generally, you can prove your slip and fall case in one of two main ways:
1. Show that the owner knew the danger existed:
If the owner of the property knew about the issue and did nothing, this is proof of negligence. For example, if you slipped on water caused by a leaky faucet or some other type of drain problem in the building, you could find proof that the owner knew about the leak and had yet to fix it. If a repairman had assessed the situation, told the owner about the problem, and the owner chose not to get it repaired immediately, the owner would likely be liable for the injuries you sustained during your trip and fall.
You can also show that the owner knew about the danger by indicating that he or she caused the hazard itself. This general rule applies to agents of the property owner as well, including property managers and employees.
2. Establish that the owner should have known about the danger:
In some instances, the owner may not have actually known about the danger on the property. Referring to the previous example, if there was a leak causing a puddle on the property, but the owner had not noticed yet, it may still be the owner’s fault. In Pennsylvania, this may still be considered negligence as the owner must ensure that the property is safe for those who are visiting. This concept is known as constructive notice.
On the other hand, if a property owner could not have reasonably known about the danger, they may not be held liable for the injuries you sustained. For example, if the leak on the floor had only been there for one minute and was not a known issue addressed in the previous inspection, the owner may not be at fault for your slip and fall.
The specific facts of your situation will play a significant role in whether the property owner will be responsible for your injuries. The Dan Doyle Law Group can examine your case and help you determine what your next steps should be. Call today for more information or to sit down with one of our slip and fall lawyers to discuss your case.