Q

Get a Free Consultation

(215) 985-0777

    Spam Filter:  

    Q
    Get a Free Consultation

      Spam Filter:  

      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 gyms are closed.

      When a serious trip and fall injury happens in a store or on a sidewalk, one of the most critical questions is whether the injured individual can file a claim for compensation. In this legal article, our Philly slip and fall accident law firm discusses the nuts and bolts of fall accidents.

      Pennsylvania Trip & Fall Law

      In Pennsylvania, fall accidents are some of the most common types of personal injury cases. You’re required to prove the following:

      1. The property owner/manager/business owed you a duty of care.
      2. The owner breached that duty (i.e., was negligent).
      3. That negligence caused an injury and damages.

      Note About Negligence

      In trip and fall accident cases, property owners owe different duties to different people. On the one hand, property owners typically owe zero duties to someone who was trespassing on their property. If someone who is trespassing on property trips and falls on a defective sidewalk, they would have no claim against the property owner. On the other hand, public businesses like a grocery store owe a higher duty to customers; this duty includes the duty to conduct regular inspections of property. A private property owner or homeowner owes a mid-range duty to people who are lawfully on the property including sidewalk that abuts the home.

      How Trip & Fall Cases are Won (or Lost)

      Trip and fall accidents often involve serious a dangerous condition, such as:

      • uneven walking areas,
      • broken steps or stairways,
      • broken/uneven sidewalk,
      • rugs or mats, or
      • things that stick out into walking areas (like pipes).

      Notice of a dangerous condition is the critical factor in any trip and fall accident case in PA. If you can’t prove notice, you cannot win your case. So, how do you prove notice?

      Proving that a property owner or other responsible party had notice requires proof that they actually knew about the problem before the accident. Example: a Delaware County resident is walking around their neighborhood and trips over a tree root sticking out of a sidewalk in front of a home on a busy street. The homeowner knew about the root and had previously told next door neighbors to be careful of the protruding root.

      If the owner didn’t actually know about it, the circumstances must be such that it’s fair to say the owner should have known about the problem. Let’s use the same example above, except that the property owner claims they didn’t know about the tree root. However, that section of the sidewalk is located right next to the owner’s mailbox, and the tree root is large. These two facts would show that the owner should have known about it. There’s a reasonable inference that by retrieving mail on a regular basis, the owner would have or should have seen the tree root.

      What can you get compensated for?

      Pennsylvania injury law allows injured trip and fall accident victims to make claims for any injuries and resulting damages that occurred as a result of the property owner’s negligence. This includes:

      • medical expenses, bills, co-pays, deductibles,
      • lost wages,
      • out of pocket expenses, and
      • pain and suffering.

      Out of pocket expenses vary from case to case and often include things like household help or travel expenses. For example, an individual who breaks their right ankle in a trip and fall accident cannot drive for several months. In order to get to work, they have to arrange for private transportation, including Uber rides. Those costs can easily add up and would be part of the individual’s claim in the trip and fall accident lawsuit.

      How long does it take?

      With court closures and the resulting delay in the court dockets due to the pandemic, cases would take longer than the usual 1-2 years. However, even with court closures, new cases can still be filed, and litigation can still continue. In some cases, an insurance company representing the property owner or business responsible for the accident may agree to settle the case at any point before or after a case is filed.

      It’s important to note that even with the court closures, cases must be filed in compliance with statute of limitations laws. In Pennsylvania personal injury cases like fall accidents, there’s a 2 year statute of limitations law which applies, and the clock starts ticking on the date of the accident. Local courts including those in Philadelphia, Delaware and Montgomery counties require e-filing, which makes it easier than ever to file appropriate pleadings and court filings.

      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...

      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...

      Proving Negligence in Landlord Fall Accidents in Philadelphia

      Can You Sue a Landlord for a Fall Accident in Philadelphia? Under Pennsylvania law, tenants and their guests can sue landlords for fall accidents in public areas like walkways, hallways, parking lots, etc. However, there must be evidence of negligence on the part of...