A man who has fallen down a flight of stairs; slip and fall cases can help injured victims recover damages.

Slip and fall cases are a prevalent cause of injury and death in Philadelphia, with the U.S. Bureau of Labor Statistics reporting that 25% of all workplace deaths in 2023 were caused by slips, falls, or trips. Slips and falls can happen anywhere and can cause severe or even fatal injuries. However, building a slip and fall case is more complicated than simply being injured in an accident. This field of law is called premises liability, which involves victims of injuries on another individual’s property seeking compensation for negligence-related injuries. However, proving fault in a premises liability case is not as straightforward as it may seem. 

Proving fault in a slip and fall accident first requires an understanding of Pennsylvania negligence law, which must be followed by several pieces of key evidence that can prove liability for an accident. While slip and fall accidents can happen anywhere, a slip and fall lawsuit requires that the accident be caused by the negligence of the property owner. Understanding the legal nuances and building a compelling case can be overwhelming without legal experience.

A skilled Philadelphia premises liability lawyer from Zavodnick & Lasky can help build your case. Call the office now at (215) 774-6467 to learn more about your legal rights. 

What Are Slip and Fall Cases

Slip and fall accidents are relatively easy to understand, but there is still a significant variance among types of slips and falls. Understanding the severity of the injuries and the nature of the fall could influence how a case is pursued. For example, some of the common types of slips and falls are falls due to hazards or obstructions, falls from height, and falls due to moving objects or vehicles. Additionally, valid slip and fall cases require the damages to arise from the negligence of the property owner. Otherwise, there may be no valid grounds for a personal injury case. 

Philadelphia Negligence Law

To understand slip and fall cases, one must first understand how compensation is awarded in Philadelphia personal injury cases. The state of Pennsylvania subscribes to a philosophy of modified comparative negligence, according to Pa. C.S. § 7102. This means that compensation for damages is only awarded if the plaintiff bears less than 51% of the fault for the accident. If the plaintiff is deemed eligible for compensation, the amount awarded will be reduced by their contributory negligence. For example, imagine an individual is injured in a fall on another person’s property due to an unaddressed floor hazard. If the plaintiff was partially negligent, bearing 10% of the fault, their compensation will be reduced by 10%. However, if they are found to be more than 50% liable for the accident, their compensation will be barred completely.

For more information on negligence law and personal injury, speak with an experienced Pennsylvania personal injury attorney from Zavodnick & Lasky today. 

Understanding Premises Liability

Additionally, it is important to understand the grounds for premises liability in Philadelphia. Premises liability law is the foundation of slip and fall cases in court. Negligence on behalf of the property owner that leads to damages for the plaintiff is typically the requirement for slip and fall cases. If the property owner owed a duty of care to their guests and patrons to address hazards and provide a safe environment, neglect of this duty could point to liability on the part of the property owner. Some examples of negligence include chemical and physical hazards, like contaminants, spills, obstructions, as well as other issues such as failure to warn the guest of unsafe conditions, like ice, liquid spills, and more. 

Essential Evidence for Slip and Fall Cases

Proving fault in a slip and fall case is difficult, but not impossible. Documentation is key to a successful case, as plentiful evidence that both describes the scene and shows the courts how the property owner was negligent can help strengthen an argument for compensation. This is one area where a personal injury lawyer can be an incredible asset. Attorneys are trained not only to understand the legal nuances of a case but also to research carefully and collect evidence that supports the case. Understanding what evidence to compile and how to leverage the information to create a compelling argument is often key to fair compensation. 

Negligence of Property Owner

Since one of the pillars of all slip and fall cases is the negligence of the property owner, it is important to document the scene of the accident as it is, noting any potential signs of negligence. For example, if the fall was caused by an obstruction or a hazard, taking photos and videos of the hazard can provide evidence of owner negligence. Accurately documenting the scene of the accident, ensuring that these key features are noted, can help a future legal case. Additionally, gathering evidence of the surrounding area can also be helpful, as it could prove that there were not adequate warnings of the hazard or show that the plaintiff was not negligent in encountering the hazard. 

Proof of Damages

A skilled slip and fall attorney will also assist in compiling evidence of damages. A slip and fall case is only viable if the accident itself directly led to significant damages for the plaintiff. This means that a plaintiff will have to prove that the injuries they suffered from the accident were a direct result of their fall due to negligence. Medical bills, proof of preexisting conditions, and other expenses that arose from the accident may all be used as proof of damages. 

Incident Reports and Witness Statements

Many commercial properties have a policy of documenting and filing incident reports after an injury on private property. These documents are generally used to centralize important information such as contacts, particulars of the accident, damages, and causes. These can be highly effective pieces of evidence in a slip and fall case, as they can support the authenticity of the plaintiff’s claims. Additionally, collecting witness contact information and gathering statements can also help support the veracity of the plaintiff’s claim and prove fault.

Speak with a Skilled Slip and Fall Attorney Today

Slip and fall cases can be incredibly serious. Not only can injuries cause pain and suffering, but recovery time could also lead to lost wages and other secondary expenses. Some severe cases can even cause wrongful death, particularly among the elderly or those with preexisting health conditions. Seeking compensation for these injuries and expenses means proving fault in a slip and fall case. Fortunately, a skilled Philadelphia slip and fall attorney from Zavodnick & Lasky is here to help with your case. Call the office today at (215) 774-6467 to learn more in a personalized consultation.