Pennsylvania premises liability law states that owners and property managers of public places including shops, restaurants, grocery stores, and sidewalks in residential areas must keep the premises of their property free of hazards and are responsible for the safety of all people visiting their property. 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.
The Carpey Law Advantage
What Clients Say About Carpey Law
It was a very interesting and enlightening experience working with Carpey Law and the staff . Thank you very much for your work.
– Linda Johnson
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
Slip and Fall Victim Reviews Carpey Law
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
Table of Contents
- What is Considered a Slip and Fall Accident?
- What to Do After a Slip and Fall Accident?
- Why Hire Carpey Law as Your Philadelphia Slip and Fall Accident Lawyer?
- Slip and Fall FAQ
- Factors in calculating a settlement for a slip and fall case
- Common Wrist and Arm Injuries in a Slip and Fall accident
- Summer Camp Slip and Fall Injuries
- Success Case Story of Slip and Fall Accident
- Property Owner Negligence and Slip and Fall Accident Liability in Pennsylvania
- Factors to Consider in Premises Liability Case
- Common Pennsylvania Premises Liability Claims
- Statistics of Premises Liability Cases
- More info on PA Premise Liability and Slip and Fall Accidents
- Other Law Practice Areas
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 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 slip and fall attorney in Philadelphia to handle your 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
Why Hire Carpey Law as Your Philadelphia Slip and Fall Accident Lawyer?
In the event of a fall down accident, it is important to have an experienced and dedicated Philadelphia slip and fall attorney 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 from 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.
Slip and Fall – Frequently Asked Questions
What If I Fall on Someone else’s Property, Can I Sue?
Just because you fell on someone’s property and got hurt does not mean that you have a legal case and can sue. On the contrary, in order for me to prove that you have a case as a result of a fall, I have to prove:
- That the property owner knew of the dangerous condition,
- That the property owner had sufficient time to repair the dangerous condition and didn’t do anything about it.
- That, as a result of the defect caused by the property owner, you the accident victim fell and got hurt.
Without that, there is no case whatsoever.
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. Any prior injuries will be closely scrutinized by the insurance company and their slip and fall attorneys. Although prior injuries can sometimes hurt your ability to be fully compensated, they can at times help your case. There is an old adage in the law that says “ the defendant takes the plaintiff as he finds him.”
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.
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 flooring
Factors in Calculating Settlement in a Slip and Fall Accident Case
In the old days, there probably was a “formula” for determining the value of the typical personal injury case. Today, there is no such formula. Instead, 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 giving for these sorts of claims and/or less the amount of money needed to pay to go to trial, including the costs to pay any expert witnesses or treating doctors to appear at trial to testify on your behalf.
There are many factors that go into settlement calculations. When we give you a figure at the point in time in your case when we believe the case may be ready to settle, we have given you 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 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.
What are common Wrist and Arm Injuries in a Slip and Fall Accident?
There are many common injuries particularly affecting your wrists. There are eight carpal bones and a number of metacarpal bones, as well as several tendons, all small and intricately connected. Most common are repetitive stress injuries, like from sewing, racquet sports, and typing. We often see clients who have sustained injuries to the wrist following a slip and fall accident. These are very common injuries, yet need early medical attention to avoid chronic and debilitating problems long term.
- Tendonitis of the wrist can be caused by arm injuries which stress the wrist; overuse; or introducing new, high-impact exercises
- Allowing the wrist to rest can ease tendonitis
- Carpal tunnel syndrome can be caused by irritation in the nerves of the wrist— such repetitive actions as grasping with your hands, bending of the wrist (like on a desk/keyboard), and intense exercise (in sports such as tennis)
- Wrist sprains are often caused by a fall on outstretched hands (i.e., from trying to break your own fall)
- Colles fractures are fractures of the forearm bones near the wrist that also occur from forward falls
- The wrist is also susceptible to stretching and tearing in the ligaments and swelling in the tendons
Chronic pain can result from improper treatment or not allowing the wrist or bones adequate time to heal completely, particularly following a fall down accident Anti-inflammatory medications can help, but will not resolve the problem. Injuries stemming from overuse can result in permanent nerve damage if they are neglected or misdiagnosed. It’s advisable to seek treatment if you experience wrist pain, especially if it was caused by a fall.
The arm is one of the most commonly injured body parts in a negligence case. An arm injury can come as a consequence of an array of accidents, including a fall from a bicycle, a slip and fall, a sports-related accident, a car crash or motorcycle crash, truck accident, or even a pedestrian being struck by a motor vehicle in a crosswalk.
Minor arm injuries can be caused simply by overuse. Acute arm injuries, on the other hand, often occur suddenly and are caused by falls or direct blows (such as can occur during an automobile accident). Examples of acute arm injuries are contusions, muscle ruptures and fractures. Most acute arm injuries are accompanied by severe pain, bruising and swelling. These injuries often require immediate medical attention, or else the victim risks suffering serious complications and long-term damage.
Doctors will often order x-rays to be taken of an arm injury. If the bone has been fractured, the doctor will set the break using a brace, splint, or cast, depending on the type, location, and severity of the break. If a fracture is severe, surgery may be necessary, after which will be regular sessions of physical therapy. Often times, doctors will prescribe narcotic pain medication and/or nonsteroidal anti-inflammatory medications like ibuprofen, ketoprofen, and naproxen to ease the pain. Recovery from an arm injury can take up to 8 weeks, depending on the seriousness of the injury.
The main causes and average severity of an arm injury varies according to the age of the victim. Adults are susceptible to serious breaks due to osteoporosis and gradual loss of muscle mass, and the elderly have the highest risk of breaks due to their fragile anatomy as well as issues of vision loss and poor balance.
If you have suffered an injury to your arm which has resulted in bruising, swelling, bleeding, or pain during movement, you should see a medical professional at once. Whether it’s an acute arm injury due to a sudden fall or accident or a chronic injury from being a “weekend warrior” on the tennis court -both can be resolved with proper medical care and a good physical therapy plan.
Summer Camp Slip and Fall Accidents in Pennsylvania.
An injury sustained by a child or teenager can cause no shortage of grief for a parent. There are countless ways in which a minor might hurt him or herself, some of which the Carpey Law site has written about:
Some of these accidents take place in common settings — playgrounds, football fields, backyards; but statistics show that there is another major milieu which sees a large number of youth accidents: Summer camp.
Summer Camp Injuries
A 2005 study conducted Pediatrics, titled “Illness and Injury Among Children Attending Summer Camp in the United States,” reports that child injuries and sicknesses at summer camp occur at a higher rates than in other activities, like football, basketball, and soccer. This is largely due to children staying at camp all day and all night, increasing the risk for illness and physical harm.
For the edification of parents sending their kid(s) to summer camp, here are some of highlights of Pediatrics summer camp injuries study:
Head injuries (including injuries involving the skull, eyes, ears, and teeth) occurred most often.
Fractures most often occurred to hands, backs, arms, and legs.
Injuries most often occurred as a result of falling or tripping.
Ways to help ensure that your child will remain safe from summer camp injuries is to provide him or her with the appropriate clothing and safety materials. Closed-toed shoes that can get a good grip on different surfaces may reduce the risk of injuries related to tripping and slipping.
Also, make sure the camp properly trains their staff and makes first-aid kits readily available in the event of accidents involving knives and other dangerous implements. The American Camp Association says knife injuries account for fifteen percent of injuries to staff and campers in resident summer camps.
For more information on common minor injuries and how to prevent them, see our article, “Information About Common Accidents Affecting Young People.”
A Success Story After A Slip And Fall Accident
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
Property Owner Negligence and Slip and Fall Accident Liability in Pennsylvania.
Slip and fall accidents, also known as fall down accidents or premise liability accidents, are responsible for countless injuries. If you fall down on someone else’s property due to some deficiency in the ground, floor, or stairs—whether the surface is slippery or lacking proper maintenance—you may be entitled to damages for your injuries. Slip and fall accidents are very common in inclement weather.
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.
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 which 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.
The injuries associated with a Pennsylvania fall down accident are many and varied depending on your age, body size, and the circumstances which caused you to fall. However, we see the following types of injuries resulting from slip and fall accidents:
Rotator cuff tears
Lacerations and abrasions
Spinal cord injuries
Traumatic brain injuries
For more information on slip and fall accidents and your rights in pursuing a liability suit, please Contact Carpey Law
What Are Some 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 circumstance 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 occurs 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.
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
Statistics of Premises Liability Cases in Pennsylvania
Just to name a few. If the problem was ignored by a landowner or property occupier then there could be liability if an injury occurs. It helps to know some statistics regarding premises liability in Pennsylvania. These are the rates and locales for fall down accidents:
- 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)
More Info on PA Premise Liability and Slip and Fall Accidents.
You may have seen on our site that Johns Hopkins reported a 36 percent increase in fall down accidents during the 95′ – 05′ decade. And although a fall down accidents among older men and women saw the largest spike, a slip-and-fall accident is a danger to men and women of all ages.
To read more about premises liability, fall down accidents, slip-and-fall accidents in Pennsylvania, visit our blog category page. You can find many articles on subjects relevant to premises liability. Articles like:
- Preventing Slip and Fall Accidents on Your Property
- Fall Down Accidents — Construction Workers Injuries, Construction Accidents
- Pennsylvania Trip and Fall Accidents
If you still can’t find what you’re looking for, just type a keyword into the search field on the right-hand column of any page on this website. Take a look around — we’re sure you’ll learn something new!