Law Offices of Kennedy and Brown

How Common Are Slip And Fall Or Trip And Fall Claims?

Slip and fall, or trip and fall injuries can happen every day, depending on whether it’s an inside fall or an outside fall, and weather conditions.

What Is The Legal Standard Regarding Premises Liability Claims?

The legal standard surrounding premises liability depends upon whether the premises involved would be a business premises or a private property premises. The legal standard for a business premise is that it owes its patrons or anybody lawfully on the property the highest degree of care under the law, whereas an individual property owner only owes the duty of reasonable care.

When Should I Seek The Services Of An Attorney For A Slip And Fall Claim?

Normally, as soon as you realize you are injured, it would be advisable to retain an attorney. If you provide information to the insurance company for the defendant, you may talk yourself out of a valid claim or a lawsuit.

In What Instances Would A Store Or A Property Owner Not Be Held Liable In A Slip And Fall Or Trip And Fall Scenario?

Normally, if it’s a situation where there is a dangerous condition on the property that is observable, whether it is in a business or a private residence, one must watch where they’re going. You cannot assume the risk of an injury and hold the property owner liable. It is the same thing with the ground when it’s icy. If you realize there is ice and snow on the property, you must take your own precaution and be careful. Just because ice is present does not automatically mean you can recover.

How Does The Law Determine If A Store Or Property Owner Should Have Known Of A Defective Or Dangerous Situation On Their Property?

How the law determines if a store or property owner should have known about a defective or dangerous situation on their property depends on whether the slip and fall or trip and fall occurs indoors or outdoors. If one is inside a store, the property owner owes the highest degree of care to its customers, and must make reasonable inspections to guard against dangerous conditions on the property. If they do not, then that condition could cause them liability. For an individual property owner, they also must make reasonable inspections and make sure that a dangerous condition is not allowed to occur.

Would Comparative Or Contributory Negligence Impact These Types Of Cases At All?

The area of comparative or contributory negligence comes into play in almost any slip and fall or trip and fall accident. In Pennsylvania, if the injured party was more than 50% at fault, he or she cannot recover anything for injuries. If the individual is less than 50% at fault, he can recover for injuries, but the percentage of negligence must be subtracted from any damages award.

How Often Do These Cases End Up Settling Instead Of Going To Trial?

Like most cases, a slip and fall injury often requires an actual lawsuit. However, the majority of those lawsuits are settled prior to it having to go to a jury trial.

For more information on Slip & Fall Claims In Pennsylvania, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (570) 288-8812 today.

John H. Kennedy, ESQ.

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(570) 288-8812

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