Do you realize that you can become a victim of a slip and fall accident at any place and at any time? Each year more than 1 million visits to a hospital emergency room occur because of this type of accident. While no one may be at fault in some of these accidents, others are caused by the negligence of the properties’ owners.
Unfortunately, there are many misconceptions about when you have a right to file a lawsuit to be compensated for your injuries. Here are a few that need to be put to rest.
1. You Are at Fault
While a slip and fall accident can be embarrassing, you are not always at fault. The conditions of the premises at the time of your fall may have caused your fall. This is premise liability, and it means that you can hold the property owners legally responsible for your injuries.
You have a premise liability case if you are able to show that the owner of the property failed to maintain a safe environment. Examples of this that may lead to a slip and fall include:
- Damaged, wet, or slippery flooring
- Uneven sidewalks
- Unremoved ice or snow
- Unsafe parking lot conditions
- Poorly maintained store aisles
While each of these examples may be due to extenuating circumstances, they could all potentially be the source of a slip and fall that would not be your fault.
Pennsylvania practices comparative negligence. This means that if the property owner is able to show that you are partially to blame for your fall, any award you receive may be reduced by the percentage that the court assigns to your responsibility or blame.
2. Negligence Is Negated Because of a Posted Sign
Almost every business owns signs that state "caution wet floor" or "slippery when wet." While posting them is a great measure on their part to warn others about the condition of their property, the signs do not entirely negate them from any responsibility if you slip and fall.
Some considerations that will impact if you are able to recover in a case where signs were posted include:
- The cause of the hazard
- Your ability to see the signs prior to your fall
- The distance of the signs from the hazard
- The amount of time the hazard has been present
If you fall and signs are present, capture pictures or video of the condition of the area at the time of your fall. If it is a public property, you may be able to request video footage of the accident, but if the owner feels they are at risk of a lawsuit, they may not be very forthcoming.
3. Lawsuits Must Be Filed Immediately
Slip and fall injuries can vary greatly from accident to accident. While some people may only experience a bruised ego, others may sustain serious head, back, or neck injuries; fractures; or broken bones.
Sometimes you may experience injuries that get worse over time. You may have even thought you were uninjured at the time of the fall but may later experience related symptoms and pain.
Fortunately, you have a window of time to file a personal injury lawsuit related to your slip and fall. In Pennsylvania, the statute of limitations for this type of case is two years from the date of your fall. If you are within this window, you have the ability to file a lawsuit.
Slip and fall cases can be complicated and confusing. While some property owners will try to make you a small offer to keep you from filing a lawsuit, their offer is usually not in your best interest. Clearfield & Associates are staffed by experienced personal injury attorneys. We will stop at nothing to help you get the compensation you deserve.