Our clients go about their day, living their lives when suddenly something goes wrong. A slip and fall could break bones and cause back, soft tissue, and traumatic brain injuries. Do not take these accidents lightly because they could cause painful, chronic conditions that may seriously limit what you can do.
How to Prove Negligence
To have a successful slip and fall insurance claim or lawsuit, we must show the responsible party’s negligence caused the accident and your injuries. To prove that, we need to establish:
- The defendant (the responsible party) owed you a legal duty or obligation (a duty of care)
- The defendant did not live up to the duty of care
- You are injured as a result
- You suffered damages (a measurement of harm in dollars)
A Property Owner Has More or Less Responsibility Depending on Who is on the Property
Why you are on the property and who you are dictate the duty of care. There are three types of visitors a property owner or possessor can expect, with a different level of care for each:
- Invitee: These people come onto the property at the owner or possessor’s request. You’re a customer at a grocery store or dropping off your car at a garage. You are owed the highest duty of care. The owner or possessor must routinely inspect the property for dangerous conditions, warn you of known dangers, and fix those hazards or use reasonable care to protect you against them.
- Licensee: They are people invited onto the property by the owner or possessor for a reason other than to make money. You are a social guest or there for a lawful, non-business-related reason. The owner or possessor must warn you of dangers known to the owner or possessor, which you probably would not find. The owner or possessor does not have a duty to inspect.
- Trespasser: You were on another’s premises without the owner or possessor’s consent when you were hurt. You would need to show that the owner or possessor acted wantonly, was willfully negligent, or intentionally harmed you. An exception to this rule is that the owner or possessor must make property reasonably safe for children who might be attracted to the premises.
Because of these categories, you might have the same slip, fall, and injury but a different outcome, depending where the injury occurred. As an invitee, a successful case could be based on the fact the owner or possessor was not inspecting the property often enough. As a trespasser, you would need to show that the property owner or possessor acted intentionally or in conscious disregard of the danger.
Neal E. Newman Helps Those Injured in Slip and Fall Accidents
If you have been injured after a slip and fall on another person’s property, you may be entitled to significant compensation. The Law Office of Neal E. Newman is ready to help. Attorney Newman has more than 45 years of experience representing injured clients in Pennsylvania. Contact the Law Office of Neal E. Newman today to schedule a free initial consultation.