Philadelphia Slip and Fall Lawyers
Premises Liability Laws
If you are injured in a slip and fall accident, the property owner of the location where your accident took place may be liable for your injuries. Property owners have a legal responsibility to keep their land free from unnecessary risks and hazards. Proper maintenance, ongoing repairs and general upkeep are key to ensuring that patrons, pedestrians and visitors are safe from harm. Failure to do this can make the landowner responsible for the costs and damages related to your injury.
New Jersey and Pennsylvania premises liability laws provide individuals with protection from negligent land-owners. Uneven and slippery floor surfaces, potholes in parking lots, poor lighting, lack of railings or banisters in stairwells, failure to remove snow or ice from sidewalks and torn carpeting are just some of the situations that can lead to serious injuries when people trip, slip or fall. Knowing your rights and the legal responsibilities of property owners can ensure that you are fairly compensated for your injuries.
Proving Negligence is Not an Easy Task
For a victim injured in a slip and fall accident to reach a successful claim, they will need to prove that the property owner was negligent in maintaining a safe property. This is not always easy to prove, and victims will need to rely on the experience and counsel of a reputable premises liability lawyer to navigate through the complex legal structure.
Establishing Relationships Between the Victim and the Property Owner
The first area of proving liability rests with establishing the relationship between the victim injured in the slip and fall accident and the property owner. Business owners, retail establishments and restaurants are examples of property owners that invite the public onto their property. These individuals are expected to conduct ongoing and regularly scheduled inspections and repairs to ensure that their property is free from unnecessary hazards. An individual that is injured by slipping and falling on an icy sidewalk can hold the property owner liable for being negligent in removing the ice or providing salt on the surface to reduce the likelihood of an accident.
Residential property owners are also responsible to ensure that they fix or maintain a safe environment for those who are legally entitled to be on their property. A social guest that falls over a torn carpet and injures her neck could hold the property owner liable since the injury could have been prevented with a simple repair. On the other hand, a person that is injured when they hit their head on an overhead pipe in a homeowner’s basement may have a hard time proving negligence if the homeowner had a sign warning of low ceilings.
The premises liability laws of Pennsylvania and New Jersey also require property owners to provide an environment free from unnecessary risks for those who enter the property without an owner’s consent. A child that is injured by falling into a swimming pool or playing on poorly maintained playground equipment could result in the property owner being liable for the injuries because they did not properly secure the area. Providing a securely fastened fence and gate around the swimming pool or playground could result in a vastly different outcome.
What many victims of slip and fall accidents don’t realize is that they have a responsibility to not only prove a property owner’s negligence, but also to prove that they weren’t responsible for their own accident. In New Jersey and Pennsylvania, premises liability laws limit damages to victims that are determined to be more than 50% responsible for their accident. A customer coming into an establishment with wet shoes should know to proceed with caution to avoid an accident. If they don’t take the necessary precautions, then they may be more than 50% liable for their accident and unable to bring suit against the property owner.
When to Contact a Slip and Fall Lawyer
For anyone injured in a slip and fall accident, it is imperative that you contact a reputable and experienced premises liability lawyer as soon as possible. Gathering vital information and evidence is crucial to the success of your claim. A competent and knowledgeable slip and fall lawyer can ensure that you receive the maximum compensation available.
Philadelphia Premises Liability Lawyers at Nerenberg & Gagliano, P.C. Represent Victims Injured in Slip and Fall Accidents
If you or someone you know has been injured in a slip and fall accident, you may be entitled to compensation. Call the experienced team of Philadelphia premises liability lawyers at Nerenberg & Gagliano, P.C. at 215-569-9100, or complete our online contact form to schedule a consultation today. Our offices serve clients throughout Philadelphia and the surrounding areas of Montgomery County, Bucks County, Chester County, and Delaware County as well as Central Pennsylvania and New Jersey.