A slip and fall accident can happen in a blink, albeit the repercussions from a severe injury can endure for the long term. While the victim accumulates medical expenses and loses wages, the physical consequences could result in health concerns indefinitely.
In many Chester County situations, slip and fall injuries are not always sheer happenstance but can be based on negligence or dangerous circumstances like an uneven surface or ice accumulation on a sidewalk. There could be a compensation case when the property owner is liable for a victim’s injury.
Proving there is liability would be up to the victim since these accidents are sudden and unintentional. There needs to be evidence showing that the property owner had the capacity to prevent the event.
If so, the residential or commercial property owner can be accountable if negligence is found under Pennsylvania slip and fall laws. A priority is enlisting the services of an adequate slip and fall lawyer Chester County to assess the case to determine the path to a fair recovery.
What Determines Negligence For Pennsylvania Slip And Fall Claims
According to Pennsylvania’s “premises liability,” property owners are responsible for maintaining their home or business on the exterior and interior in a reasonably safe condition for “guests, consumers, employees, and those deemed legal visitors,” according to the guidelines. These are the foundation for the state’s slip-and-fall laws.
A “legal visitor” involved in a fall has the burden of proof to show that the owner was negligent in their responsibility to provide the safest provisions and that irresponsibility led to the accident.
A home or business owner can be held accountable for failing to immediately repair a hazard putting individuals at risk for falls, or not providing ample warning to deter the accident.
Under Pennsylvania law, property owners are protected from accidents caused by inclement weather, including ice and snow. Further, the “Hills and Ridges Doctrine” covers snowstorm liability for property owners deemed not accountable for accidents during or immediately following the event.
Pennsylvania is a state that experiences extreme winter weather, creating challenges for the citizens to maintain completely safe premises for pedestrians from the ice and snow.
https://www.findlaw.com/injury/torts-and-personal-injuries/slip-and-fall-accidents-overview.html for an overview of the law on slip and falls.
How Can A Chester County Slip And Fall Attorney Assist With The Claim
In Chester County, Pennsylvania, the premises liability stipulates that homes and businesses be maintained reasonably safe for all legal visitors that might come to the property. Go to
If something breaks or becomes unsafe, the owner must immediately repair it or alert individuals of the danger to avoid accidents. Often slip and fall injuries are less about happenstance and more about negligence.
When a guest or “legal visitor” sustains severe injuries, the repercussions, apart from pain, suffering, and emotional distress, can be long-term health concerns, financial struggles, and heavy medical costs. Winning a claim is dependent on solid proof and adequate legal support.
A qualified slip-and-fall attorney specializing in these cases prioritizes protecting the victim’s rights and demonstrating accountability on the owner’s part. The advantages a victim will see with a skilled attorney include the following:
The attorney will investigate the circumstances surrounding the incident
Proving that there was negligence in a case like this is challenging, particularly showing evidence that the owner was aware of the hazard resulting in the accident. The lawyer will look at each documented piece of evidence from you to discern how it all fits together to prove credibility and accountability.
The objective is to find that the owner has every opportunity to prevent the injury from happening. It’s also necessary to show that you had little responsibility because the owner will have counsel depicting your degree of responsibility in the fall.
The attorney will document the consequences of the fall and the impact
The attorney will ensure the court recognizes the extent of the injuries and consequences from the slip and fall and how these have impacted your life. These details are crucial for fair and reasonable compensation.
The most qualified lawyer in Pennsylvania will break down the repercussions in a sort of trail effect. First, you were dealt the injury leading to:
- Non-economic circumstances: The Pennsylvania court system considers the quality of life due to the severity of the injury. These can be construed as subjective, but compensation is still owed according to the law for intangible loss, including pain and suffering, rendered disabled from a permanent impairment, losses in consortium and enjoyment, emotional distress, and on.
- Economic circumstances: Severe injuries financially burden victims with extensive medical expenses combined with a loss of wages due to an extended recovery period. If there’s a resultant disability, a job loss or need to change careers could occur.
The attorney’s objective is to reach a fair and reasonable settlement
In many situations, slip and fall claims are negotiated with the owner’s insurance carrier to come to the point of settlement. It is an intense process that often begins with a meager, denied offer immediately.
Fighting on your own as the victim can be an endless uphill battle attempting to have your damages compensated. Click for the benefits of hiring an attorney for your injury.
If a negotiation ends with neither side agreeing on terms, the lawyer can take the case to trial to work for reasonable compensation. With a knowledgeable, experienced, and prepared attorney, you can recover the settlement suited to your specific needs.
“Premises liability” lays the foundation for slip and fall accidents in Chester County, Pennsylvania. Property owners are at the mercy of the law, which requires maintaining their homes and businesses to be reasonably safe for all they enter or “legal visitors.”
If you have a handrail on the porch that comes loose or breaks away, the idea is to fix it immediately or make an alert to everyone who might come in contact with the railing that it’s broken and to avoid it to prevent injury. You are then protected as the owner.
For anyone who slips and falls due to a property owner’s negligence, perhaps the handrail is left without attention. If the individual were to fall down the steps, the owner would be liable, and the injured victim would have a claim to prove.
The ideal way to deal with the circumstances is to take pictures, document, talk to witnesses, and see a Chester County slip-and-fall attorney who will work to ensure a reasonable and fair settlement.