Philadelphia Slip and Fall Lawyer
Injured in a slip and fall? Schedule a free consultation with Laffey Bucci D'Andrea Reich & Ryan.
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Injured in a slip and fall? Schedule a free consultation with Laffey Bucci D'Andrea Reich & Ryan.
For a business to thrive, it must attract more customers. For traditional “brick and mortar” businesses, that means enticing customers to leave their homes and patronize their store, restaurant, or venue. That’s a tall order given the ease of online shopping, streaming services, and food delivery.
A business can still attract customers by offering a good deal in a safe environment. A safe environment might be the most important element.
A customer’s safety depends on the property being free from hazards that could lead to harmful falls. One misstep over a slippery floor or cracked sidewalk can end in a catastrophic brain injury. When a preventable fall occurs at a business, you’re entitled to seek compensation.
That is when you need to seek out the legal counsel of an experienced Philadelphia slip and fall attorney.
The legal team at Laffey Bucci D’Andrea Reich & Ryan has helped many Philly residents find a remedy that covers their losses and helps them get their lives back on track.
When you open a business, you must exercise reasonable care to keep those premises safe. That is the guiding principle for premises liability law in Philadelphia and throughout the state.
When someone is injured due to an unresolved hazard, that injured person can seek compensation, but you can’t wait forever. Pennsylvania enforces a strict two-year statute of limitations for filing a lawsuit. The clock starts ticking on those two years on the day of the accident.
Before you can file that lawsuit, you must first go through the entire insurance claims process. That will take up a lot of those two years, and that’s why you need to get the claim process started sooner rather than later.
The attorneys at Laffey Bucci D’Andrea Reich & Ryan will ensure that you won’t miss any crucial filing deadlines.
In order to prevail in your liability claim, you and your attorney must prove four elements:
Duty of Care: A duty of care refers to the property owner’s obligation to provide a legal duty to maintain a safe environment.
Breach: The breach is when the owner fails to address or adequately warn you about a dangerous condition.
Causation: The causation is the link between the specific hazard (the breach) and the accident that directly caused your injuries.
Damages: Your damages are all actual losses, such as medical bills, lost wages, and pain and suffering, that resulted from the accident.
Along with the elements of negligence, you also have to establish your visitor classification to pursue a slip and fall claim. In other words, did you have a right to be on the premises in the first place? These are the visitor classifications that you’ll fall under:
Invitees: Customers, clients, and guests are the visitors who are owed the highest duty of care from an owner. The owner’s obligation is to regularly inspect the property for hazards and take proactive steps to repair or warn visitors about them.
Licensees: People with permission to be on the property for their own purposes, such as a social guest, are considered licensees. Owners must warn these visitors of any known dangers, but they are not obligated to actively inspect for unknown ones.
Trespassers: Anyone who does not have legal permission to be on the property is a trespasser. The owners owe no duty of care to a trespasser. The only exception is if the property contains an “attractive nuisance,” such as an unfenced swimming pool.
If a child is injured at the pool, the owner can be held liable even if the child wasn’t “invited” onto the property.
When you become involved in a slip and fall accident, you need to provide details of what happened in order to establish who is responsible. Some hazardous conditions can be anticipated, such as those caused by bad weather. Others are hazardous and happen instantly, like a spill, or over time, like broken tiles.
Which of these frequent causes of slip, trip, and fall injuries relates to your claim?
Yes, there have been attempts by shady individuals to stage a fake fall to game the system.
However, many legitimate slip-and-fall accidents could have been prevented if not for property owners’ negligence.
These are the people who can be held responsible for a slip and fall accident:
Business Owners & Operators: The operator is responsible for maintaining a safe environment for customers. That includes any grocery store, retail store, restaurant, nightclub, bar, hotel, venue, or office building. The owner or their designated operator must promptly clean up spills, fix uneven floors, and properly light walkways.
Property Owners & Landlords: The actual owner of the building or land is responsible for maintaining the physical structure and common areas, such as stairwells, elevators, and parking lots.
Maintenance Contractors: If the property owner outsourced upkeep, the maintenance or cleaning company could be liable for failing to perform its duties properly.
Government Entities: If your fall occurred on public property, such as a broken city sidewalk, a government agency might be responsible. It is important to note that personal injury claims against the government often have shorter filing windows and unique legal rules.
Once you have established your visitor classification, what happened, and who is responsible, you must calculate your damages. These are all the expenses that are directly related to the accident and include the following:
These are the measurable, out-of-pocket financial losses that include the following:
These are the damages considered the human toll of the injury. This covers the following:
Punitive damages are awarded by juries and are reserved for extreme, reckless, or egregious misconduct by the property owner. They are intended to punish the wrongdoer and prevent future accidents.
A slip and fall can be extremely painful. It can also be embarrassing when it happens in public. As you deal with your injuries and relive the trauma, you’ll also become frustrated when you realize the fall could have been prevented if the owner of the property hadn’t been negligent.
That same owner will deny responsibility, and their insurance company might be inclined to believe them. That is when you need to involve Laffey Bucci D’Andrea Reich & Ryan.
If we agree with the merits of your claim and work together, we will become your advocate.
Our investigative team will spring into action to obtain surveillance footage before it is erased, interview witnesses, and secure maintenance records. We’ll identify whether a private party, contractor, landlord, or government entity may be liable. We can also anticipate defenses based on Pennsylvania’s comparative negligence rules and challenge attempts to unfairly shift blame onto you.
Our legal team at Laffey Bucci D’Andrea Reich & Ryan has extensive experience representing victims of slip and fall accidents throughout Philadelphia. Our attorneys understand the local laws and the tactics insurers use to minimize claims.
More importantly, we recognize the profound impact a serious fall can have on every aspect of your life and are committed to pursuing the compensation you need to move forward.
If you or a loved one suffered injuries in a preventable fall, don’t try to navigate the claims process alone. Contact Laffey Bucci D’Andrea Reich & Ryan for a free consultation to discuss your case and learn how we might be able to help you fight for the financial recovery you deserve.
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