Q

Get a Free Consultation

(215) 985-0777

    Spam Filter:  

    Q
    Get a Free Consultation

      Spam Filter:  

      Philadelphia Slip and Fall Cases – What is Comparative Negligence?

      In Philadelphia slip, trip and fall cases, injured victims (plaintiffs) may file personal injury lawsuits against responsible parties (defendants) and recover financial compensation for their injuries and damages, such as medical expenses, lost wages and pain and suffering.

      Oftentimes, defendants present arguments that plaintiffs may not recover because they are at fault for their fall accidents, i.e., plaintiff’s own negligence contributed to the fall.  This is known as the comparative negligence defense.

      However, Pennsylvania’s comparative negligence laws state, “contributory negligence does not bar recovery if claimant’s negligence is not greater than the defendant’s.  But any damages allowed is diminished in proportion to claimant’s attributed negligence.”

      In other words, injured fall accident victims may still recover financial compensation even if they were also fault, so long as  their percentage of fault is not 50% or greater. If so, they are barred from recovering. If they are at fault less than 50%, they may recover. However, their financial recovery is reduced by the percentage of fault.

      Related: PA Slip, Trip and Fall Accidents – What You Should Know – By a Philadelphia, PA Fall Injury Lawyer

      Consider the following fall accident example.

      A pedestrian walking in Old City, Philadelphia trips over a broken sidewalk in front of a row home, falls and fractures her wrist. She requires surgery. Because she is a hairdresser, she cannot work for several months due to the wrist injury.  She files a personal injury lawsuit against the homeowner, who knew about the broken sidewalk for several weeks prior to her fall.  The homeowner was supposed to fix the sidewalk but failed to do so.

      The homeowner presents a comparative negligence defense and claims that the plaintiff is barred from recovering damages because the fall was caused by her own negligence.  The plaintiff was texting on her cell phone while walking and did not see the broken sidewalk.  If she had not been texting, defendant argues that she would have seen the broken sidewalk, walked over or around it and not fallen.

      The jury awards plaintiff $150,000 after trial, but also finds that she is 30% at fault.  Thus, her award is reduced by 30%. Instead of recovering the full award of $150,000, she recovers $100,000.

      On the other hand, if the jury found the plaintiff 51% at fault, she would not be able to recover even though her injuries and damages are significant.

      Personal injury cases accepted in Philadelphia, Delaware County, Montgomery County, and throughout other parts of Pennsylvania and New Jersey.

      FREE CONSULTATIONS (215) 985-0777

      {

      You made the whole process so easy. Not once did I ever think you didn’t have my best interest in mind or even doubted the seriousness of my issue. I felt like I could email you to get an update at any point and you got back to me so quickly.

      {
      5
      L. F.
      {

      Jordan Namerow is a lawyer who goes above and beyond. I would highly recommend him to anyone seeking legal representation on a personal injury case.

      {
      5
      April G.
      {

      I had a fabulous experience using Jordan Namerow as my attorney. He was knowledgeable, personable, honest, responsive, and best of all, easy to talk to. 

      {
      5
      Tara D.
      {

      Jordan is a great lawyer. He is very efficient, loyal and supportive. I would recommend him to anyone. He gets the job done. 

      {
      5
      Terrance M.
      {

      Mr. Jordan Namerow a very good attorney, I would recommend him in a heart beat. The company is good, just good all around. Thank you.

      {
      5
      Kim O.
      {

      I really thank you for helping me with everything, best lawyer ever.

      {
      5
      Pablo D.

      Who Is Liable for a Slip, Trip or Fall Accident at a Philadelphia Business?

      Philadelphia Fall Accidents - Who is Liable? Page last reviewed and updated: July 1, 2020 When customers are hurt in a slip and fall or trip and fall accident at a public business, like a restaurant, museum or bar, what are their legal rights?  Pennsylvania law allows...

      Trip & Fall Injury Claims in Philadelphia, Delaware & Montgomery Counties

      During the 2020 quarantine, residents of Philadelphia, Delaware and Montgomery counties are increasing grocery store and big box store visits, while decreasing other daily activities like driving. People are also walking or exercising outdoors more, especially since...

      Statute of Limitations for Slip & Fall Accident Lawsuits in Pennsylvania

      Individuals hurt in slip and fall accidents in Pennsylvania often don’t seek legal help until it’s simply too late to take action. The average PA resident usually isn’t aware that they have legal rights after a fall accident. By the time an injured individual seeks...

      Slip & Fall Accidents in Pennsylvania – Insurance Claims

      Many slip and fall accident victims don’t know that their cases are often covered by an insurance policy belonging to the home or business where the accident happened. Injured pedestrians can get compensated via insurance policies of store owners, home owners, etc.

      Slip & Fall Accident Law in Delaware County, PA

      Fall Accidents – Common on Sidewalk & Parking Lots In Delaware County, slip and fall accidents usually occur on sidewalks or parking lots in both businesses and residential areas such as shopping malls, stores, apartment complexes, etc. Fall accidents can also...