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Your Guide to Slip and Fall Accidents in Pennsylvania
If you were injured in a slip and fall, you need a PA slip and fall attorney. Here’s what to know:
- Act Quickly: PA has a two-year deadline to file a lawsuit.
- Contact an Attorney Immediately: Crucial evidence like surveillance footage disappears fast.
- Choose Experience: Select a lawyer specializing in PA premises liability law.
- No Upfront Costs: Reputable attorneys work on contingency (no win, no fee).
- Free Consultations: Get a no-cost case evaluation.
Slip and fall accidents are common, happening on wet floors, icy sidewalks, and other hazardous conditions that property owners fail to address. While you face medical bills and lost wages, insurance companies work to deny or minimize your claim. Pennsylvania law protects your right to compensation, but proving a property owner’s negligence is complex. You must show they knew (or should have known) about a dangerous condition and failed to act.
Victims who hire attorneys recover 33% more from insurance companies than those who go it alone. I’m Jason Fine, a PA slip and fall attorney with over 25 years of experience and ten consecutive nominations to Pennsylvania Super Lawyers. I know what it takes to hold negligent property owners accountable.
Slips, trips, and falls are a leading cause of accidental injury, often resulting from a property owner’s negligence. Under Pennsylvania premises liability law, if an owner fails to maintain a safe environment and someone gets hurt, they may be held accountable.
What Constitutes a Slip and Fall Accident in PA?
In Pennsylvania, a slip and fall case arises when an injury occurs on someone’s property due to an unsafe condition the owner knew about (or should have known about) and failed to fix. These cases fall under premises liability law, which outlines a property owner’s duty to ensure visitor safety. For example, falling on a spilled liquid in a grocery store or an icy sidewalk can be grounds for a claim.
Common causes include:
- Wet or icy surfaces without warning signs.
- Uneven pavement, potholes, or broken tiles.
- Poor lighting in stairwells, hallways, or parking lots.
- Cluttered walkways with debris or merchandise.
- Defective stairs with broken steps or missing handrails.
The Legal Duty Property Owners Owe Visitors
In Pennsylvania, a property owner’s “duty of care” depends on the visitor’s legal status. This classification is crucial for any slip and fall case.
| Visitor Type | Definition | Duty of Care Owed by Property Owner |
|---|---|---|
| Invitees | Individuals on the property for the owner’s benefit or for mutual benefit (e.g., customers in a store, business visitors). | Highest duty of care. Owners must actively inspect for and find dangerous conditions, then either fix them or adequately warn invitees. This includes conditions they should have known about, even if they didn’t have actual knowledge. They must maintain the premises in a reasonably safe condition. |
| Licensees | Individuals on the property with the owner’s permission, but not for the owner’s benefit (e.g., social guests, salespeople). | Owners must warn licensees of dangerous conditions they know about and that the licensee is unlikely to find. There is generally no duty to actively inspect for hidden dangers, but they cannot intentionally harm the licensee or expose them to hidden dangers. They must avoid creating new hazards. |
| Trespassers | Individuals on the property without permission or legal right. | Lowest duty of care. Owners generally owe no duty to trespassers other than to refrain from willful or wanton misconduct (i.e., intentionally harming them). An exception exists for child trespassers if there’s an “attractive nuisance” (e.g., an unfenced swimming pool) that could lure children onto the property. |
Property owners must use “reasonable care” to protect visitors from foreseeable harm. If they fail this duty and you are injured, they may be deemed negligent. For more details, visit our Pennsylvania Premises Liability Lawyer page.
Navigating Your Claim with a PA Slip and Fall Attorney
A slip and fall accident can leave you with injuries, medical bills, and missed work. While you recover, insurance companies are working to pay you as little as possible. They have teams of lawyers dedicated to downplaying your injuries and shifting the blame to you. A dedicated PA slip and fall attorney levels the playing field.
We fight back by gathering crucial evidence, standing firm against insurance company tactics, and navigating legal challenges to maximize your compensation. Statistics show that victims who hire attorneys receive significantly more money than those who handle claims alone. Let us shoulder the legal burden so you can focus on healing.
Critical Steps to Take Immediately After an Accident
What you do immediately after a fall can determine the success of your case. Evidence disappears quickly, so act fast.
- Report the Incident: Inform the property owner or manager and ask for a copy of the incident report. This creates an official record of the accident.
- Get Medical Attention: See a doctor right away, even if you feel fine. Adrenaline can mask serious injuries like a traumatic brain injury (TBI), and a medical visit links your injuries to the fall.
- Document Everything: Use your phone to take photos and videos of the exact spot where you fell, the hazard that caused it, and any visible injuries. This evidence is invaluable.
- Talk to Witnesses: Get the names and contact information of anyone who saw your fall. Their statements can corroborate your version of events.
- Do Not Admit Fault: Avoid saying things like “I’m sorry” or “I should have watched where I was going.” Such statements can be used against you.
- Save Your Clothing: Keep the shoes and clothes you were wearing at the time of the accident. Do not wash them, as they can be important evidence.
- Contact a slip and fall lawyer: After seeking medical care, your next call should be to an experienced PA slip and fall attorney to protect your rights.
Understanding PA’s Comparative Negligence and Statute of Limitations
Pennsylvania law has specific rules that can impact your claim. Understanding them is critical.
- Two-Year Statute of Limitations: In most cases, you have two years from the date of your injury to file a lawsuit. If you miss this deadline, you lose your right to compensation forever.
- 51% Comparative Negligence Rule: Pennsylvania follows a “comparative negligence with a 50 percent bar” rule. This means your compensation is reduced by your percentage of fault. However, if you are found to be 51% or more at fault, you receive nothing. Insurance companies will try to exploit this to avoid paying your claim.
- Six-Month Notice for Government Claims: If your fall occurred on public property (e.g., a city sidewalk or government building), you must provide written notice of your intent to file a claim within six months. Missing this shorter deadline will bar your case.
What Types of Compensation Can Be Recovered?
If you are injured due to someone else’s negligence, you can seek compensation for all resulting losses. These damages are categorized as economic and non-economic.
Economic Damages (financial losses):
- Medical Expenses: All costs from emergency care to future physical therapy.
- Lost Wages: Income lost while out of work.
- Loss of Earning Capacity: Future income loss if you cannot return to your previous job.
- Out-of-Pocket Expenses: Costs for travel to appointments, home assistance, etc.
Non-Economic Damages (non-financial losses):
- Pain and Suffering: Compensation for physical pain and discomfort.
- Emotional Distress: For anxiety, depression, or fear resulting from the accident.
- Loss of Enjoyment of Life: For the inability to participate in hobbies and activities.
- Disfigurement: For permanent scarring or physical changes.
In cases of a fatality, family members may file wrongful death claims to recover funeral costs and compensation for their loss.
Why You Need an Experienced Lawyer for Your Case
After a slip and fall, trying to handle a legal claim while recovering is overwhelming. An experienced PA slip and fall attorney is a necessity, not a luxury. Insurance companies have teams of professionals working to minimize your payout. They count on you not knowing the true value of your claim.
Hiring an attorney sends a clear message that you are serious. We immediately preserve evidence, apply our knowledge of Pennsylvania premises liability law, and counter the tactics adjusters use to undervalue your claim. When insurers know you have an attorney prepared to go to trial, they are more likely to offer a fair settlement.
Most importantly, we handle the legal complexities so you can focus on your recovery. We manage the paperwork, deadlines, and all communications, giving you peace of mind during a stressful time.
How a Skilled PA Slip and Fall Attorney Proves Negligence
Proving that a property owner’s negligence caused your injuries is the key to winning your case. At J. Fine Law, we have a systematic approach to building a strong claim.
- Thorough Investigation: We immediately visit the accident scene to take photos and measurements, and we secure maintenance logs and incident reports to understand what happened.
- Proving Knowledge: We work to establish that the property owner knew or should have known about the hazard. This is often the most critical element of a case.
- Securing Surveillance Footage: We act fast to obtain video evidence from security cameras before it is erased. This footage can be undeniable proof of the dangerous condition and the fall itself.
- Interviewing Witnesses: We locate and interview anyone who saw the accident or the hazard, including other customers or employees, to build a credible account of events.
- Hiring Expert Witnesses: We work with medical specialists, safety experts, and economists who can provide authoritative testimony on your injuries, liability, and financial losses.
- Calculating Total Damages: We carefully document all your economic and non-economic losses to ensure we are demanding full and fair compensation for everything you have endured.
- Fighting Common Defenses: We anticipate and counter common insurance company arguments, such as claiming the hazard was “open and obvious” or that you were distracted.
- Navigating the Claims Process: We manage every step, from filing the initial claim to negotiating with adjusters. If a fair settlement isn’t offered, we are fully prepared to take your case to arbitration or trial.
Our firm has a 98% success rate and has secured over $50 million for our clients. We pride ourselves on rapid attorney response and proactive attention to every case. If you’ve been injured, don’t wait. Evidence disappears, and legal deadlines are strict.
We offer a Free Consultation to review your case and explain your options. We work on contingency, so we only get paid if we win. Let us fight for you while you focus on healing.