Stuart Carpey an experienced Philadelphia slip and fall attorney

In the event of a fall-down accident, it is important to have an experienced and dedicated slip and fall lawyer on your side. Stuart Carpey has helped countless others gain compensation for their damages in personal injury cases.

  • He can help you prove that the injury was the result of someone else’s negligence.
  • He can guard you against attempts by the other party or the insurance company to try to convince you to settle for less than you deserve.
  • He can help you obtain full financial compensation for all of your medical expenses.
  • He will stick with your case the entire way to make sure that each detail is handled with care and expertise.

The Carpey Law Advantage

Why choose Stuart Carpey as your personal injury lawyer in Philadelphia and across Pennsylvania?

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We set the standard for excellent customer service

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Carpey Law will try your case in court and fight for you

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Our results and reputation speaks for itself

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Millions of dollars recovered for our clients

What Clients Say About Carpey Law

Stuart was one of the few lawyers that would take my case. He filed suit right away and received the best settlement he could in a short amount of time. Stuart is straightforward and gives you his honest opinion of your case.

– Sam Margolin

It was a very interesting and enlightening experience working with Carpey Law and the staff . Thank you very much for your work.

– Linda Johnson

On January 5, 2014, Shanta Perkins was involved in a ‘slip and fall’ accident. Shanta broke her left humerus and went to Carpey Law for representation.

I recommend him to anyone, he really fights for you!
– Shanta Perkins

A Success Story After a Slip and Fall Accident in Philadelphia

Florinda Badeau was in a slip and fall accident on an icy sidewalk in Philadelphia in 2014 as a result of which she broke her arm and needed surgery.  She was walking her children to the bus stop on the morning of the accident.  After litigating the case, Stuart Carpey was able to obtain a very successful settlement on Florinda’s behalf.

Even though it was a long process, it was worth it. We won! – Florinda Badeau

If you are involved in a Slip and Fall accident and would like to speak to Stuart Carpey
about representation, please give him a call at 610-834-6030

What to Do After a Slip and Fall Accident?

If you or a loved one has been injured in a slip and fall accident, the steps you take immediately after the accident occurred are crucial in order to establish the best possible legal case. Before you contact a law firm in Philadelphia to handle your slip and fall case, here’s what you should do following a slip and fall accident:

  • Seek immediate medical treatment
  • Report the incident to a manager, owner, or landlord- ask them to create a written report and request a copy before you leave
  • Document everything and take pictures of where the incident occurred (if you are unable, ask a family member to help you with this)
  • Place the shoes and clothing you were wearing in a safe storage space as they may be needed as evidence during your case
  • Decline to give any statements
  • Consult with a slip and fall attorney

What Are the Most Common Types of Slip and Fall Scenarios?

A slip and fall accident can occur any place that is negligently maintained.
However, many times these types of accidents occur on:

  • Slippery sidewalks, parking lots, and other surface areas involving snow and ice
  • Unmaintained parking lots
  • Stairwells with poor lighting or faulty handrails
  • Surfaces where there is a slippery material
  • Surfaces made of material that is slippery by its very nature
  • Torn or concealed carpeting or other poorly maintained floorings

Factors in Calculating Settlement in a Slip and Fall Accident Case

Insurance companies and experienced personal injury attorneys evaluate their cases based upon the “marketplace.” The marketplace for a personal injury claim is what amount of money a jury in the jurisdiction where the case will be filed is typically given for these sorts of claims and/or less the amount of money needed to pay to go to trial.

There are many factors that go into settlement calculations. The figure provided when we believe the case may be ready to settle is an estimate. If the case is tried, the verdict could be higher or could be lower, than our estimate. Sometimes cases can settle relatively early. Sometimes they can settle in the middle of a trial. Nevertheless, here are factors that can affect settlement values:

  • The severity of the injury. Injuries that involve fractured bones, torn ligaments, herniated discs in the neck or back requiring surgery, traumatic brain injury, permanent scarring, or catastrophic injuries will generally result in higher settlements than cases involving sprains, strains, and bruises.
  • Whether medical treatment is completed. It is far easier to estimate settlement values when your treatment has ended and you have finished all of your medical care. You generally do not want to settle a claim if future care is anticipated. However, if your case has to go to trial, we can ask your doctor to testify about future medical care. This can go into the jury’s calculation when they are considering a verdict.
  • Property damage to all of the cars/vehicles in the accident. In accidents where there is little or no damage to your car and the other cars, settlements will generally be lower than cases where there is major damage. High amounts of property damage, as well as visible damage recorded on video or photographs, are valuable to both insurance companies and juries.
  • The degree to which you may have been at fault in the accident. If you contributed to the accident in any way, your ability to be fully compensated is reduced under Pennsylvania law.
  • Your medical history. If you had any prior medical care or surgery to the area of your body that you injured in the accident which is the subject of the lawsuit, this will negatively impact settlement values.
  • The type of healthcare provider you choose to see. Cases involving orthopedists, neurologists, neurosurgeons, and other specialists will generally have higher settlement values.
  • The amount of insurance available for the accident. Unfortunately, the amount of insurance the property owner (in a fall down case) or the other driver ( in a motor vehicle accident case) has will determine your financial recovery. Many people who are insured carry low levels of automobile coverage. You can protect yourself, however. In a car accident case or motorcycle case, if the other person’s insurance is low, you can turn to our own Underinsured Motorist Coverage for additional protection, if you purchased it on your own insurance policy.
  • The jurisdiction where the case will be tried. The demographics of jury pools differ from county to county. So too, if the case is to be tried in the Federal Courts, the jurors can be different from those in state courts. Simply put, some juries are more generous than others when it comes to compensating personal injury victims, and where the case will be tried is therefore very important. This fact alone must be taken into consideration when evaluating a case for settlement purposes.

Property Owner Negligence and Accident Liability in PA

The following are some signs that your slip and fall accident was due to someone’s negligence. If one or more of these elements contributed to your fall, you may be entitled to damages:

  • Broken railings, handrails.

  • Loose floorboards, and tattered or shredded carpeting.

  • Uneven floor, stair, or pavement surfaces.

  • Trash, wires, and other objects left in a walking path.

  • Recently mopped or polished floors which have not been marked as wet.

  • Leaks which lead to puddles and then black ice.
  • Poorly designed or broken drain pipes leaking on sidewalks and creating black ice.

  • Partially shoveled sidewalks or parking lots following a snow or ice storm.

  • Snow mounds from cleared parking lots at commercial businesses following a storm.

What is Comparative Negligence?

It should be noted that the mere presence of one or more of these elements does not mean you will absolutely win a liability suit. Pennsylvania is a comparative negligence state. Comparative negligence acknowledges all of the parties’ responsibility for the accident including the injured plaintiff’s. Were you distracted in some way? Would a “reasonable” person have fallen where you fell? Were there any warning indicators that you overlooked? The property owner has a duty to keep his property safe and to notify you of any defects on the property,  but you also have a duty to be careful and to remain aware of your surroundings.

Factors to Consider in a Premises Liability Case

Of course, there are certain factors to consider in a premises liability situation. Some components which a premises liability attorney in Pennsylvania will have to investigate are:

  • What were the circumstances which led the visitor to enter the property?
  • What is the use of the property where the accident took place? (home, business, other?)
  • Was it foreseeable that an injury occurred on this aspect of the property?
  • Were the property owner’s efforts to repair this aspect of the property reasonable? Did the owner try at all to repair or warn of the danger?

Here is a case study of a fall-down injury – falling on someone else’s property. Watch this video and learn more about fall-down injuries straight away from Stuart Carpey.

What is Considered a Slip and Fall Accident?

“Slip and fall” and “fall down” accidents are terms used for a personal injury case in which the victim is injured from slipping or tripping and/or falling on someone else’s property, whether that’s a government, private or commercial property. Slip and fall cases usually fall under the broader category of “premises liability” claims.

What Does “Notice” Mean in My Slip and Fall Injury Case?

Establishing notice indicates that the property owner was aware that there was a defect on the property but neglected to correct it. It is a crucial element in a personal injury case as it can prove negligence. Notice can either be constructive or actual. Constructive notice means that the property owner knew of the problem or at least should have known of the problem had the owner bothered to properly inspect their premises. Actual notice means that they were aware of the problem but chose not to do anything about it.

Of course, as in any negligence case, proving notice is only part of the battle. You still have to prove that the injuries you sustained were caused by the fall on the defendant’s property.

When Do I Know if I Have a Case for a Slip and Fall Accident?

Slip and fall accident cases can arise in an instant, and can often result in a serious injury to the victim. A property owner has a duty to maintain the property in a manner that is safe for visitors. A breach of this duty that causes injury can result in liability. If you have been injured by the negligence of a property owner, the best thing to do is to seek medical attention and consult an experienced slip and fall attorney near you.

Slip and fall accident due to slippery or wet surfaces

Common Pennsylvania Premises Liability Claims

Premises liability refers to the liability of a property owner whose premises, due to some inefficiency, caused injury to someone. For instance:

  • Slip and fall accidents on slippery or wet surfaces
  • Fall down due to broken railing on a staircase
  • Fall down on an uneven or broken sidewalk
  • Injury as a result of elevator failure
  • Injury as a result of escalator failure
  • Fall down over exposed tree roots
  • Slip and fall on icy or snowy sidewalks

Pennsylvania premises liability law states that owners and property managers of public places are responsible for the safety of all people visiting their property. The property must be free of hazards; this includes shops, restaurants, grocery stores, and sidewalks in residential areas.

Therefore, if the conditions on someone else’s property are responsible for causing you injury in a slip and fall accident, a slip and fall lawyer in Philadelphia can help you figure out the full extent of the damages you are owed and go about obtaining compensation.

When a person gets injured as a result of negligence from property management, they can be faced with medical expenses, loss of income, and pain and suffering. An experienced Philadelphia slip and fall attorney can help to ensure that you are repaid in full for your damages, both physical and emotional. Stuart Carpey is an experienced premises liability slip and fall lawyer in Philadelphia & Plymouth Meeting who can help you in the event of an accident.

Sites that cause slip and fall accidents

Statistics of Premises Liability Cases in Pennsylvania

Know the statistics regarding premises liability in Pennsylvania.

  • The largest group, about 60 percent of fall down accidents occur at home.
  • The second-largest, 30 percent of fall down accidents occur in the community.
  • Lastly, about 10 percent of fall down accidents occur in institutions (for example, nursing homes, hospitals)

Additional Information on Premise Liability and Slip and Fall Accidents in PA

To read more about premises liability, fall-down accidents, and slip-and-fall accidents in Pennsylvania, visit our free resources. You can find many articles on subjects relevant to premises liability such as the Personal Injury Claim Process.

If you still can’t find what you’re looking for, you can submit your question to our team!