Q

Get a Free Consultation

(215) 985-0777

    Spam Filter:  

    Q
    Get a Free Consultation

      Spam Filter:  

      Philadelphia Slip, Trip and Fall Accidents – What You Need to Know About Notice

      In a Philadelphia personal injury accident case, the injured individuals (plaintiffs) must prove that the responsible parties (defendants) were negligent.  There are 4 elements to negligence per PA law:

      • The defendant owed a duty of care to the plaintiff.
      • The defendant breach that duty or failed to perform the duty of care.
      • The breach of duty caused the plaintiff’s accident/injury.
      • The plaintiff suffered actual damages as a result of the accident/injury.

      For instance, if a driver drove through a red light and caused an accident and injured another driver to sustain broken bones, the injured driver would have to prove that the driver was negligent in order to win a personal injury lawsuit.  The driver owed a duty of care to other drivers on the road to follow all rules of the road, such as stopping at a red light.  The at-fault driver failed to follow the rules of the road and drove through the red light.  Because the at-fault driver ran through the red light, he caused the accident with the other driver.  Lastly, the driver sustained broken bones as a result of the accident.

      In a Philadelphia slip, trip and fall accident lawsuit, the plaintiff has to prove something else in order to prevail – notice.  Slip, trip and fall accidents are caused by dangerous conditions, such as an icy sidewalk or broken stairway.  Plaintiffs must prove that the liable parties knew or should have known about the dangerous condition in order to prevail.

      Actual notice is exactly what it sounds like, i.e., the liable party knew about the dangerous defect. Constructive notice is when the liable party should have known about the dangerous defect.

      Consider the following example:

      A patron at a Philadelphia restaurant goes downstairs to go to the restroom.  One of the steps is loose and causes the patron to lose his balance and fall down the stairs.  As a result, he suffers a head injury and herniated discs in his back.

      In order to win a trip and fall lawsuit, the plaintiff must prove that the restaurant had notice of the broken step.  If the day before the accident, an employee noticed the broken step but failed to tell anyone about it, then the restaurant had actual notice.  Another scenario where the restaurant would have had actual notice is if the employee told a supervisor who forgot to put a warning sign and/or call someone to fix the step.

      Constructive notice is a little harder to prove.  Using the same example, if the kitchen of the restaurant is downstairs and employees go up and down the stairs all the time, it can be argued that the restaurant should have known about the broken step because restaurant employees walked by it all the time.

      Help After a Slip, Trip and Fall Accident in Philadelphia

      If you or a loved one was injured in a slip, trip or fall accident, call Jordan Namerow, a Philadelphia personal injury lawyer to schedule a free consultation.  (215) 985-0777

      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...