What is Premises Liability Exactly ?
Slips, trips and falls that are not work-related fall within a category of personal injury law called premises liability. Premises liability law works under the assumption that people responsible for property have a duty to prevent hazards that can cause injury. This can include safe walkways, stairwells and other structural obstacles, landscaping, and even water or other potentially slippery substances being allowed to create dangerous conditions.
Premises liability complaints can involve more than one defendant if it can be shown that multiple parties held a duty to ensure safe conditions, but failed to do so. Defendants can be individuals, businesses, organizations and municipalities depending on the nature of the injury and the location where the injury occurred.
Our slip, trip, and fall attorneys help injured clients identify defendants that owe a duty to care, but might have been overlooked. Identifying all of the proper defendants often leads to a better settlement. In some claims, overlooking the appropriate responsible parties can lead to claims being refused, extremely low caps on policy limits, and not enough funds to properly treat and rehabilitate your injury.
You may have a claim under the following circumstances
Types of scenarios where property owners might be held negligent or grossly negligent for trip, slip and fall injuries include:
- Failure to remove water, ice, and slippery substances from floors and walkways.
- Failure to correct bunched or wrinkled carpeting and rugs.
- Failure to warn of hazards that might not be obvious, such as holes in the floor, loose boards, and unexpected dangers.
- Failure to correct broken sidewalks, parking surfaces and walkways. This can include pathways to and from business areas and areas surrounding parking lots.
- Failure to safely stack and store items that can fall and injure.
• Failure to remove obstacles from walkways, doorways and stairwells. Items like mop buckets and wet floor signs left in doorways or walkways are common tripping hazards.
- Failure to provide proper lighting. Most businesses are responsible for lighting inside and outside, including parking areas where darkness and negligently maintained surfaces make for a dangerous combination.
You may not have a claim under the following circumstances
Pennsylvania law does not allow for recovery of damages when the danger should have been obvious to a reasonable person who is injured. The courts have determined that falls down stairs that are properly constructed, for example, are not subject to liability. Other situations that the courts have determined do not meet standards for liability include:
- Willful disregard for known danger.
- Certain activities that are inherently dangerous, such as off-road driving.
- Drifted or piled snow in which there has not been time to remove.
Pennsylvania also applies a “comparative negligence” standard to premises liability cases. Comparative negligence means that the courts will determine how much responsibility the defendant had for their safety, and how much “at fault,” as a percentage of total responsibility they are. If the court determines that the defendant is more than 50 percent responsible for the injury, no damages can be recovered.
Insurance Companies Do Not Work in Your Best Interest
A common theme our accident attorneys see with slip, trip, and fall claims is insurance companies deciding that benefits are not owed for one of the above reasons.
Unfortunately, it is the responsibility of the injured person to prove that the slip, trip, and fall injury happened as a result of an unsafe condition or practice and was not their fault.
Many injured people do not proceed with injury claims after an insurance company identifies one of the reasons for disqualifying the claim.
Often, these people think the insurance company knows best, or that they were in the wrong and responsible for their injury. Many times, the pain and suffering from the injury is so great that injured people simply give up.
Our personal injury lawyers will not let an insurance company bully you into an unfair settlement using an argument that the injury was your fault. Contacting our premises liability attorneys immediately prevents lost time and improves your chances of a fair settlement.
Why Hire a Personal injury Law Firm to Represent You
Our attorneys have helped thousands of Philadelphia residents recover millions in benefits for injuries they suffered. We protect you from insurance companies that want to settle quickly and cheaply, making sure you get the medical help and financial compensation you deserve. We keep the insurance company from using loopholes in the law to provide you with substandard treatment and a settlement that leaves you physically and financially suffering.
Many people do not seek help from personal injury attorneys after an accident until it is too late. You should contact us as soon as possible so we can get to work securing the help you need and protecting you from the insurance companies. Remember Personal injury claims have strict time limits in Pennsylvania.
Certain types of accidents may have different time limits in Philadelphia than in the state. Do not wait until an insurance company has made you an unfair settlement offer or denied your claim to call us. Calling us at once will help your claim because we will be able to prevent insurance companies from stalling your claim and denying you the benefits you are owed.
Insurance companies know how to use the comparative negligence standard and other nuanced aspects of Pennsylvania law. They will use the law against you. Our accident lawyers will put a stop to insurance companies that only want to settle quickly without any care about your health and well-being. We make sure that you and your family get the compensation and medical care you need to get your life back after a slip, trip, and fall accident.
The sooner you contact one of our injury attorneys. The more quickly we can get to work helping you and your family through a difficult time. You do not have to go up against the insurance company alone.
Common Places Slip, Trip, and Fall Injuries Happen
Almost anywhere can be dangerous under the wrong circumstances. The personal injury lawyers at the Law Offices of Joel Kofsky see hundreds of slip, trip, and fall claims each year, and each is unique. We have seen many slip, trip, and fall accidents in these places:
- Wet Floors
- Parking Lots
- Icy and Snowy Walkways
- Nursing Homes
The accident lawyers at the Law Offices of Joel Kofsky know how to proceed with your case depending on where and how your accidental injury happened. We can identify possible liable parties and can make sure that witnesses are properly interviewed. Our slip, trip, and fall lawyers know how to work with the insurance companies to arrange the best medical treatment and physical therapy to help you recover from a slip, trip, and fall injury.
How Much is My Slip, Trip, and Fall Accident Worth?
It is natural to question how much you might be able to get for an accidental injury, but a better question you might ask is ‘How much is my health worth to me?’
We believe that your health is worth everything. Our injury lawyers are experienced in slip, trip, and fall accidents in Philadelphia and all over Pennsylvania. Our reputation means the insurance company is likely to come to a fair and agreeable settlement for your injury more quickly than if you try to settle on your own. In most cases, our accident attorneys are able to get as much as five times more than an insurance company’s initial settlement offer. The only way to find out what your claim might be worth is to discuss it with one of our personal injury lawyers.
We offer a free consultation so that you can discuss your claim free of charge and free of worry.
Our injury attorneys believe in fighting for what is right. Many slip, trip, and fall accidents that are not reported lead to a continued problem. If a property owner or business manager is not aware of a problem, then more people may be hurt. We want to make sure that the responsible party for your accidental injury is held accountable to prevent dangerous situations from continuing. When we win your case, it reminds other businesses that the laws are in place to protect Philadelphia residents. We take pride in being part of the effort to ensure the health and safety of all Pennsylvanians.
Working for You, Not the Insurance Companies
We work for you, not the insurance company. We want to make sure that you and your family are able to heal and recover from your injury without the stress of handling your claim. When you hire us to handle your slip, trip and fall accident, you will have the best representation in Pennsylvania. That’s why we guarantee that we win, or it’s free
How to Choose a the Right Slip and Fall Lawyer
If you were involved in a slip and fall accident in Pennsylvania, you will need to contact a lawyer immediately.
A slip and fall can occur in any place. It is usually caused by negligence by one or all parties. The job of a slip and fall attorney is to determine which party is liable.
This can be a challenging task because you and the lawyer need to legally prove that were conditions that contributed to the accident. Furthermore, you also need to prove that the negligent party was aware of said conditions and should be held accountable. Therefore it is important to find a lawyer with the following characteristics:
- Good credentials and track record
- Good reputation and service
- Valid license to practice law in your state
- Free consultation
In most cases, hiring a slip and fall lawyer is just like hiring a doctor or an electrician. You need to find somebody you can trust and is comfortable with. But objectively, you also need to hire somebody who has the necessary skills and experience in order to win.
So before hiring the first name you come across online or the yellow pages, make sure that that lawyer has good credentials and track record. He should have the proper training when it comes to defending slip and fall victims. Track record is likewise important because this can tell you if your case will succeed or not. Reputation should also be considered because you want somebody respected and knowledgeable representing you. Good service and free consultation should also be offered by the attorney you are looking to hire. Consultation is a good time to observe you prospective lawyer at work. And offering good service will tell you how he treats clients. Most importantly, make sure that he has the license to practice law in your state.
Victims need to find a good and talented slip and fall attorney in order to get a generous and just compensation. This money can be used towards paying medical bills and other treatment. A good lawyer can help you win your case and ease the stress.
Accident victims have rights. You may be eligible for compensation for your injuries, wage loss and medical bills. Contact our accident lawyers now for a free consultation.
Slip and fall accidents are a common occurrence with hundreds of claims made every year in the U.S.
Wet floors, unlit stairwells, ice, and defects can often lead to serious injuries. Many victims suffer several consequences and even life-threatening complications.
Propery Owners And the Law
Property owners are obliged by law to make sure their property is properly maintained to avoid slipping hazards. And if your loved one has been in a fall accident, you should know who you can contact to receive compensation.
Find the Lawyer for Your Needs
A person represented by a professional attorney with a case ready for litigation has higher chances of receiving compensation than a person without proper representation. Here, we fight hard for every cent our clients deserve. If your loved one suffered a slip and fall, you need an aggressive attorney for your lawsuit.
We have worked with various types of injuries throughout the Pennsylvania for many years. Let us use our knowledge and experience to professionally represent your loved ones and fight for the compensation they deserve.
The Importance of Hiring a Knowledgeable Attorney
Our injury attorneys work hard to build a strong case ready for litigation to stand up to insurance companies and other defendants. Speaking of insurance companies, you should be aware of their settlement check - maybe this is their first offer. Many insurance companies are just businesses concerned about their profits more than about offering a proper settlement. These companies write a check with a certain sum on it. And when your loved one signs the check, the first offer is considered accepted. Don't try to settle with these insurance companies on your own! A skilled, professional attorney can make a sum on the check much higher. Our specialists know how to properly represent your lawsuit and demand what your loved one deserves from insurance companies.
How to Act after the Slip and Fall Accident
If your loved one has been injured, seek medical attention first and then contact us. It is important to act promptly as there are limitations which can prevent you from getting proper compensation if too much time has passed. When you contact us, we start with the case evaluation.
There is no obligation because we fully inform you and your loved one to make the best decision for your situation. If your loved ones have been involved in a fall accident and are injured, they deserve adequate compensation. And our lawyers know how to get it. Medical bills, as well as other expenses that are often involved in accident cases, can become a real burden faster than you can expect. Whether your case will be resolved by the verdict of a jury, or in conversations with insurance companies, by working with an attorney you will significantly raise your chances of getting the check you need.
Your loved one don't have to be alone when fighting for deserved compensation. Call or contact your Philadelphia accident attorney today to learn more.