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March 1st, 2016

Can You Sue a PA Restaurant After a Slip and Fall Accident?

FAQ: I was walking into a PA restaurant and fell at the entry way because there was water on the floor. It was raining all day and the floor was wet. I slipped, fell and hit my head on the door and have a concussion. I also broke my arm. What are my legal rights?

Answer: You may have a valid legal claim against the PA restaurant for your slip and fall accident, which I will discuss below. However, the best thing to do is talk to an experienced Philadelphia, PA slip and fall accident who can properly evaluate your case. Feel free to contact our office to schedule a FREE consultation. (866) 641-0806

Restaurant’s Duty to Keep Patrons Safe

Per Pennsylvania law, commercial businesses such as restaurants have a duty to exercise reasonable care to provide and maintain the premises in a reasonably safe condition for their customers. If this duty is breached, commercial businesses may be liable for a customer’s injuries.

In order to assess liability, some questions need to be answered. For instance, how long had the water been there? Were there any warning cones around the water? These are some of the answers needed to establish the legal elements an injured patron must prove in order for a commercial business to be held liable.

In order to hold the restaurant liable, it must have had notice of the dangerous condition, i.e., water at the entryway. PA’s slip and fall accident laws provide that notice can be proven in 1 of 2 ways: actual or constructive. As its name suggests, a commercial business has actual notice when it knows of the dangerous condition but fails to remove the dangerous condition. A commercial business has constructive notice when there is evidence that shows it should have known about the dangerous condition. If notice is proven, then an injured customer has a viable slip and fall accident lawsuit.

In your situation, you said that it had been raining the entire day before you went to the PA restaurant for dinner. The restaurant would have had constructive notice that the floors at the entry way were wet because it was raining. The restaurant should have foreseen that customers would be tracking in rain water from their shoes and it should have put a mat at the door to prevent customers from slipping and falling. The restaurant had plenty of time to discover the water if it was open all day. It should have known that because it was raining, it may be slippery at the doorway.

If the restaurant is liable for the accident, then you will be able to recover for your injuries and damages. For example, if you have medical bills related to your broken arm and concussion, you may be financially compensated for them in a Philadelphia slip and fall accident lawsuit. You may also recover pain and suffering damages, which are different for everyone. See Philadelphia Store Fall Accidents – Financial Compensation, Pain & Suffering

Philadelphia Sidewalk Fall Accident Injuries

Were you injured in a fall down accident in Philadelphia or the surrounding suburbs and want to know your legal rights? Please call our PA personal slip and fall injury lawyers for a free consultation. (866) 641-0806

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