Ryan Zavodnick | November 25, 2024 | Personal Injury
The Franklin Institute in Philadelphia is a well-respected museum for science education. Indeed, its educational and entertainment appeal extends from children to adults. Although The Franklin Institute is not a particularly dangerous place to visit, nowhere you can go is completely safe. If you suffer an injury there, our personal injury law firm in Philadelphia shares what you do next, which could determine the success or failure of your legal claim.
Common Museum Accidents
Below is a list of just a few of the most common museum accidents that might generate a personal injury claim:
- Slip and fall accidents
- Falling objects
- Injuries caused by poorly designed or manufactured interactive exhibits.
- Fire hazards caused by, for example, faulty electrical wiring.
This is just a partial list; virtually any type of personal injury can occur at a museum, with some being more common than others.
Get Medical Attention
Immediate medical attention may be necessary to prevent your injuries from worsening. Be cautious and go to the hospital if you suffer any significant impact. In some cases (head injuries, soft tissue injuries), symptoms might not show up for hours or days. Medical records are among the most credible of all forms of evidence. After all, medical staff are experts at what they do, and they know far more about medicine than insurance adjusters do.
Who Owns the Franklin Institute, and Why Does It Matter?
The Franklin Institute is a privately owned, non-profit organization, which means that if you are injured there, you are unlikely to need to file a claim against a government entity. This works in your favor, as it spares you from having to navigate the restrictive requirements of the Pennsylvania Political Subdivision Tort Claims Act (PSTCA).
The Burden of Proof
The burden of proof refers to who is responsible for proving the claim. In a personal injury case, it is your responsibility to prove that the defendant is liable, not the other way around. In other words, you bear the burden of proving the defendant’s fault. The good news is that personal injury claims are generally easier to prove than criminal charges.
How Premises Liability Works
“Premises liability” refers to the responsibility of property owners or operators for injuries that occur on their property due to hazardous conditions. If a guest or anyone legally on the premises is injured as a result of these dangers, the property owner may be held liable. For museums, this means they must actively inspect their property to identify and address hidden hazards that could harm visitors.
For example, suppose that a display case collapses, causing objects to fall and injure a visitor. If you can trace the injury to The Franklin Institute’s failure to exercise due care on their property, you might have a premises liability claim.
Affirmative Defenses
To win, the defendant only needs to prevent you from proving your case. This is the standard defense strategy. However, with a successful affirmative defense, like the ones listed below, the defendant can either win outright or reduce the amount of compensation they owe, even if you prove every element of your claim. Possible affirmative defenses include:
- Expiration of the statute of limitations deadline for filing a lawsuit
- Assumption of risk
- Contributory fault, which reduces or eliminates liability if you share fault for the accident.
- Failure to mitigate damages (failing to follow doctor’s instructions, for example)
- Act of God (a tornado, for example)
These are only a few examples of all possible affirmative defenses. If the defendant relies on an affirmative defense, they bear the burden of proving that particular defense.
Zavodnick & Lasky Personal Injury Lawyers Can Help You Press Your Claim
An experienced Philadelphia personal injury law firm knows how to stand up to aggressive insurance companies and evasive defendants. Since most personal injury lawyers work on a contingency fee basis, they only get paid if you win. This aligns their interests with yours—your success is their success. Contact Zavodnick & Lasky Personal Injury Lawyers today to schedule a free consultation to discuss your case.
An Experienced Philadelphia Personal Injury Lawyer Can Help You After Being Injured at The Franklin Institute in Philadelphia?
Were you or a loved one injured while visiting The Franklin Institute in Philadelphia, PA? If so, you may have options for financial recovery, but your time to file a claim is limited. A Philadelphia personal injury attorney can explain your legal rights and options during a free case review. Call today to learn more.
To learn more and get the help you deserve, call Zavodnick & Lasky Personal Injury Lawyers at (215) 875-7030 or contact us online.
You can also visit our law firm at 123 S Broad St #1220, Philadelphia, PA 19109.
